1. Whether the State Government is empowered to transfer a prisoner to a prison in another State is the core issue that arises for consideration in this writ petition filed by the mother of a life convict who is now confined at the Special Sub Jail, Karaikal in the Union Territory of Pondicherry.

The facts:

The son of the petitioner by name Shankar was convicted and sentenced to undergo life imprisonment. He was originally confined at Central Prison, Pondicherry. Since the prisoner deposed against the jail authorities, he was transferred to a Special Jail at Karaikal. The petitioner was informed that there is a move to transfer her son to a jail at Trichy or Thihar. The petitioner wanted a direction to the State not to transfer the life convict to any place outside the State of Pondicherry.

Submissions:

2. The learned counsel for the petitioner submitted that in case the prisoner is shifted to a place outside the State, it would amount to violation of human rights, inasmuch as the relatives would not be able to meet him. According to the learned counsel, the Trial Court must permit transfer of prisoners. The State has no such power. The learned counsel by placing reliance on Sunil