The main legal principle established in the judgment is the importance of human rights, procedural fairness, and the judiciary's role in responding to the needs of prisoners, emphasizing the significance of family ties and communication for prisoners' well-being.

“In our world prisoners are still laboratories of torture, warehouses in which human commodities are sadistically kept and where spectrums of inmates range from driftwood juveniles to heroic dissenters.

- Justice V.R. Krishna Iyer”

To ensure that such life is not suffered by this prisoner and that a reasonably dignified life is made available to him, a demand has been made that there must be a direction to the respondents to transfer the petitioner from the Central Prison, Madurai (3rd respondent) to the Central Prison, Odisha.

2. The petitioner seeks direction to the respondents to consider the representation dated 25.06.2015, which has been forwarded to the R4 to R6 through the 3rd respondent

Brief Facts:

3. The petitioner is the resident of Kendraporah District, Odisha State; that the aged mother, wife, daughter aged 8 years and other family members are residing at Odisha.

3.1. The petitioner was convicted and imposed Life Sentence by the Additional Sessions Judge, Ramanathapuram in respect of a case registered under Section 302 IPC; that conviction and sentence was confirmed by the judgment dated 21.11.2012 by the High Court, Madurai Bench.

3.2. The petitioner has been confined in Central Prison, Madurai for the past six years. The petitioner is known for discipline and well behaviour in the prison. The father of the petitioner died during April, 2016, i.e. just two months prior to the petition; the petitioner was not able to attend the funeral ceremony because of the distance involved. The family members are not able to visit the prisoner because of the same reason.

3.3. The petitioner had given several representations and the last one on 25.06.2015 to the respondents through the 3rd respondent and requested his transfer from the respondent No. 3 to the respondent No. 5. The language is the greatest barrier for the petitioner to get along with his fellow prisoners. Therefore, compelled by circumstances, this petition has been filed.

3.4. The Superintendent of Prisons, Madurai (R3) has filed a counter affidavit stating, a) that the petitioner as a Life Convict (Convict No. 5082) has undergone imprisonment for a period of 7 years 4 days as on 25.06.2016, b) based on the request of the petitioner, proposal for transfer was submitted to the Additional Director General of Police (R1) and Inspector General of Prisons on 27.06.2016, c) As per Rule 580 of the Prison manual, the Additional Director General of Police/Additional Director General of Prisons addressed the Additional Director General of Police/Prison, Odisha State by letter dated 07.08.2015 in order to get the consent of the Odisha Government and it is under process and d) Consent from the Additional Director General of Police-cum-Inspector General of Prison, Odisha State is expected and on receipt of the same, further decision would be taken.

4. From the counter affidavit of 3rd respondent, it is evident that the legal requirement to be complied with on the part of the 3rd respondent, has been adhered to by the 3rd respondent.

5. The respondent nos. 4 to 6 have filed their counter affidavit, in which the respondents have relied upon Section 3 of Transfer of Prisoners Act, 1950, which reads as under:

“3. Removal of prisoners from one State to another. - (1) Where any person is confined in a prison in a State -

under sentence of death, or

under, or in lieu of, a sentence of imprisonment or

transportation, or

in default of payment of a fine, or

in default of giving security for keeping the peace or for maintaining good behaviour: the Government of that State may, with the consent of the Government of any other State, by order, provide for the removal of the prisoner from that prison to any prison in the other State.

(2) The officer in charge of the prison to which any person is removed under sub-section (1) shall receive and detain him, so far as may be, according to the exigency of any writ, warrant or order of the Court by which such person has been committed, or until such pe