2026 Supreme(Online)(Chh) 11201
HIGH COURT OF CHHATTISGARH AT BILASPUR
RITESH CHANDRAKAR – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
TPCR No. 7 of 2026
For the Appellants/Petitioners:
For the Respondents:
The transfer of under-trial prisoners for security reasons is permissible under the Prisons Act and Jail Manual, provided the necessary permission from the competent judicial authority is obtained.
Headnote:(A) Prisoner Transfer - Security Reasons - Transfer of under-trial prisoners from a sub-jail to a central jail for enhanced security and infrastructural capacity is permissible under the Prisons Act and Jail Manual, provided judicial permission is obtained. (Para 5, 6)
Issues: Whether the transfer of the accused persons from Sub-Jail Bijapur to Central Jail Jagdalpur was legally justified based on security requirements.
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| 1. justification for the transfer of under-trial prisoners to a higher security facility based on security needs and judicial permission. (Para 5 , 6) |
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others) are under trial in Sessions Trial No. 55/2025 (under Sections 103(1), 238(A), 61(2)(A), 3(5), 239 and 249 of the Bharatiya Nyaya Sanhita) pending before the Court of the learned Additional Sessions Judge, South Bastar, Dantewada. The accused persons are presently lodged in Central Jail, Jagdalpur, having been transferred from Sub-Jail, Bijapur.
5. It is respectfully submitted that, the letter dated 13.01.2025 seeking transfer of the accused persons was issued by the Assistant Superintendent, Sub-Jail Bijapur, the senior most uniformed jail officer posted in the Sub-Jail Bijapur, following the provisions of the Prisons Act, 1894 and the Chhattisgarh Jail Manual . The transfer was necessitated in view of security reasons, the case being sensitive in nature with significant media attention at that point of time, thereby requiring enhanced security arrangements and availability of security related infrastructural capacity, which were better ensured at Central Jail, Jagdalpur.
6. It is respectfully submitted that, prior permission of the learned Chief Judicial Magistrate, Bijapur, was duly sought as per the established procedure, since the accused persons were in judicial custody. It is submitted that no transfer of under trial prisoners is effected without the permission of the competent
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