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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Vikash Tiwary @ Bikash Tiwary @ Bikash Nath Tiwary – Appellant
Versus
State of Jharkhand through the Chief Secretary, Ranchi – Respondent
| Table of Content |
|---|
| 1. petitioner's transfer details and history. (Para 2 , 3) |
| 2. state's justification for the transfer. (Para 4) |
| 3. court's findings on the transfer justification. (Para 5) |
| 4. legal framework for prison transfers. (Para 6 , 7) |
| 5. court's ruling on previous transfer order. (Para 8 , 9) |
| 6. conclusion and final order of the court. (Para 10 , 11) |
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 accus
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.
Point of Law : Removal and discharge of prisoners - There is no doubt that fundamental right of an under-trial prisoner under Article 21 of Constitution is not absolute. His rights of visitations as ....
(1) Intra-State prison transfer of prisoners – Sustainability – Transfer of convict prisoner from one prison to another is purely an administrative decision and same cannot be interfered with by cour....
Power to appoint place of imprisonment - Transfer of prisoners from one place of detention to another is permissible only with permission of Court under whose warrant an undertrial has been remanded ....
(1) A crime against an individual is to be considered as a crime against a State and public, at large. Petition filed under Section 406 of Code of Criminal Procedure, is maintainable at instance of S....
Courts under Article 226 cannot interfere with prison transfers based on confidential reports unless arbitrary or illegal.
Transfer of under-trial prisoners requires judicial reasoning and fair procedure; arbitrary transfers violate rights and must be quashed.
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