Judicial oversight is required for prisoner transfers under the Prisoners Act, ensuring that such decisions are not solely administrative and respect the rights of the incarcerated.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard Mr. Jitendra Shanker Singh assisted by Mr. Vinay Kumar Tiwary, learned counsel for the petitioner and Mrs. Moushmi Chatterjee, learned counsel for the State.

2. This petition has been filed for quashing the letter dated 17.05.2023 issued by the I.G. Prison, Jharkhand by which the petitioner has been transferred from Lok Nayak Jai Prakash Narayan Central Jail, Hazaribag to Central Jail, Dumka.

3. Mr. Jitendra Shanker Singh, learned counsel appearing for the petitioner submits that the petitioner has been convicted in connection with S.T. No.141/2006 arising out of Hazaribag Sadar P.S. Case No.610/2015, corresponding to G.R. No.2325/2015. He further submits that the petitioner is languishing in jail custody for more than 7 ½ years in connection with the aforesaid case and the petitioner is also accused in another cases in the districts of Hazaribag, Chatra, Ramgarh and Ranchi. He also submits that the order of transfer of the petitioner has been passed without approaching the learned court where the trials are pending and in absence of any order of the learned court, the impugned letter has been issued. He submits that the petitioner has earlier moved before this Court in Cr.M.P. No. 2267 of 2015 for not transferring the petitioner to another jail and the said petition was disposed of and the petitioner was restrained from transfer to another jail. He further submits that the certificate issued by the Superintendent, Loknayak Jaiprakash Narayan Central Jail, Hazaribag contained in Annexure- 5/1 of the supplementary affidavit filed on behalf of the petitioner disclosed that the character of the petitioner has been found satisfactory and he is languishing in jail custody for more than 7 ½ years.

4. On the other hand, Mrs. Moushmi Chatterjee, learned counsel for the State submits that there are apprehension of gang war between the petitioner and other group and that is why, in the administrative side, the State has decided to transfer the petitioner to Dumka jail. She further submits that it is an admitted fact that any petition for transfer has not been filed before the learned court where the case is pending.

5. In view of the above submissions of the learned counsel for the parties, the Court has gone through the impugned letter and finds that only reason disclosed in the impugned letter that there is chance of gang war between two groups, however, certificate of the Superintendent of Hazaribag jail suggests otherwise, wherein, it has been disclosed that the character of the petitioner in the jail is satisfactory and he has been languished in jail for more than 7 ½ years. The petitioner has earlier moved before this Court and his transfer was restrained by the order, which was subject matter in Cr.M.P. No.2267 of 2015 which was disposed of vide order dated 08.03.2016.

6. Section 29 of the Prisoners Act, 1900 speaks of removal of prisoners, which reads as under:

“29. Removal of prisoners.—(1) The State Government may, by general or special order, provide for the removal of any prisoner confined in a prison— (a) under sentence of death, or (b) under, or in lieu of, a sentence of imprisonment or transportation, or (c) in default of payment of a fine, or (d) in default of giving security for keeping the peace or for maintaining good behaviour, to any other prison in the State.

(2) Subject to the orders, and under the control, of the State Government, the Inspector General of prisons may, in like manner, provide for the removal of any prisoner confined as aforesaid in a prison in the State to any other prison in the State.”

7. In the case of The State of