The main legal point established in the judgment is that a person with criminal antecedents, even if holding political positions, is to be treated like any other under trial accused or prisoner, and cannot seek privilege based on their political background.

1. The present matter has been nominated by Hon'ble the Chief Justice to this Bench vide order dated 12.4.2017, thus the matter is placed before us.

2. Heard Sri Satish Trivedi, learned Senior counsel assisted by Sri Ravindra Sharma and Sri Khan Saulat Hanif, Sri Chandrakesh Mishra, Advocate holding brief of Sri D.S. Mishra, learned counsel for the petitioner, Sri Ashish Pandey, learned A.G.A. for the State and perused the record.

3. This writ petition has been filed by the petitioner for obtaining a writ, order or direction in the nature of certiorari quashing the State Government order/letter no.-16/2017/881JL/22-3-17-100(4)/2008 dated 31st March, 2017 communicated by Letter No.10237/Sama-1(3)/Naini No./2015 dated 31st March, 2017 of Senior Superintendent (H.O) Prison Administration & Reforms Services, Uttar Pradesh dated 31.03.2017 (Annexure No.22 to the Writ Petition) transferring the petitioner from Central jail Naini, Allahabad to District Jail, Deoria and for obtaining a writ, order or direction in the nature of mandamus commanding the respondents and directing them to shift the petitioner back to Central Jail, Naini, Allahabad from District Jail Deoria, during the pendency of this writ petition before this Hon'ble Court.

4. The brief facts relating to the case are that the petitioner is under trial and was prisoner at Central Jail, Naini, District Allahabad and for disciplinary and administrative reasons mentioned in the impugned order dated 31.3.2017 passed by the U.P. Government, he has been transferred from Central Jail, Naini, Allahabad to District Jail, Deoria.

5. Learned counsel for the petitioner contended that the petitioner has been a five terms Member of Legislative Assembly and one term Member of Parliament and carries a well known social and political career and has been very popular, secular and people oriented leader with very broad-base mass support cutting across the caste, class and religion; that Ms. Mayawati, the National President of Bahujan Samaj Party has long standing political animosity against the petitioner and whenever she came to power as Chief Minister for four terms, in all her terms she got the petitioner falsely implicated in several criminal cases; that father of petitioner has already left for his heavenly abode and the wife of the petitioner has to take care of household works and five minor children; that apart from above, the petitioner is a chronic patient of cervical spondylitis and kidney trouble since 1995 and merely for the reason that 34 criminal cases are pending against him, he has been transferred from Central Jail, Naini, Allahabad to District Jail, Deoria by the impugned order; that before passing impugned order, no opportunity of hearing was given to the petitioner and so the impugned order is absolutely wrong, illegal, and arbitrary and against the principles of natural justice; that in view of the law laid down by the Apex Court in the case of State of Maharashtra and others v. Saeed Sohail Sheikh and others, (2012) 4 SCC (Cri) 240, no prisoner can be transferred from one jail to another without a judicial order passed by the court concerned and so also the impugned order is liable to be quashed and a writ or certiorari as prayed is to be issued and since the petitioner has been shifted from Central Jail, Naini, Allahabad to District Jail, Deoria, by a writ of mandamus the respondents be directed to shift the petitioner back to Central Jail, Naini, Allahabad from District Jail, Deoria.

6. Learned counsel for the petitioner has also placed reliance on a decision of Co-ordinate Bench of this Court dated 11.12.2015 passed in Criminal Misc. Writ Petition No.18153 of 2014, Yogesh and another v. State of U.P. and others, 2016 (2) ADJ 296.

7. Per contra, learned A.G.A. supported the impugned order and contended that petitioner claims himself to be a person of very superior class of prisoners having strong political influence; that the petitioner has a long criminal histor