Court upheld the denial of a transfer request for a prisoner based on safety concerns and the nature of charges, emphasizing video conferencing as an adequate alternative for court appearances.

ORAL ORDER

[1.0] RULE. Learned APP waives service of notice of Rule for and on behalf of respondent No.1 – State of Gujarat.

[2.0] By way of present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (For short “ BNSS ”), the petitioners have sought for the following relief:

“YOUR LORDSHIPS be pleased to quash and set aside the order dated 09/01/2025 passed by the Ld. Principal District and Sessions Judge (Designated Court GUJCTOC), Rajkot (Annexure-F) rejecting Criminal Misc. Application No.4083/2024 and in turn be pleased to allow the said application and order transfer of the petitioner No.1 from Sabarmati Central Jail, Ahmedabad to Rajkot Central Jail or in Morbi District Jail and transfer the petitioner No.2 from Vadodara Central Jail to Rajkot Central Jail or to Morbi District Jail which would meet the ends of justice;”

[3.0] At the outset, it is worth to mention that during the pendency of present petition, petitioner No.2 – Kadar @ Bachchan Ganibhai Kureshi has been enlarged on bail and now, he is no more in judicial custody. Hence, learned advocate for the petitioners does not press the present petition qua petitioner No.2 and hence, present stands disposed of as not pressed qua petitioner No.2.

[4.0] Heard learned advocate Mr. Zubin Bharda assisted by learned advocate Mr. Kunal Shah for the petitioners and learned APP for respondent No.1 – State of Gujarat.

[5.0] Learned advocate for the petitioners has submitted that present petitioner No.1 is facing trial under the provisions of the Gujarat Control of Terrorism and Organised Crime Act , 2015 (for short “GUJCTOC Act”) and without any reason he is transferred to Sabarmati Central Jail, Ahmedabad. Sessions case is yet to be commenced and due to this reason, petitioner No.1 and his family has to suffer a lot as his family could not visit the petitioner No.1 regularly and he has requested to transfer him either to Rajkot Central Jail or Morbi District Jail. Further, he has submitted that the petitioner No.1 has also filed one complaint in connection with which charge-sheet has been filed which culminated into sessions case and trial is going on in Morbi Sessions Court and to tender his evidence he has to visit Morbi and there is question of safety and security of his life as he is facing threat from the accused persons and there is serious apprehension that the gang of one Hitendrasinh @ Hitubha, who is accused of two murder offences and has murdered brother of petitioner No.1, and others may assault petitioner No.1. In the said offence, indiscriminate firing took place and victim of gunshot injuries and other minor also died. They are sharp-shooters and are yet to be arrested. Hence, petitioner No.1 having fear for his life as he is witness in both the cases registered against the said sharp-shooters. Hence, on this ground also, he has requested to allow the petition and transfer him to either Rajkot Central Jail or Morbi District Jail as already the Superintendent of Sabarmati Central Jail, Ahmedabad has opined positively in favor of petitioner No.1’s jail transfer.

[6.0] Learned APP has opposed the petition on the ground that the petitioner No.1 having no absolute right to seek a relief of transfering him to a particular jail. Petitioner No.1 is facing serious allegations and charge for the offence under the provisions of the GUJCTOC Act and against him 28 offences are registered. He is the member of organized crime syndicate and working as a gang leader and therefore, if he is transferred to Morbi District Jail or Rajkot Central Jail then the possibility cannot be ruled out that he alongwith inmates of said jails will once again continue illegal activities. Hence, considering the fact that the petitioner No.1 is facing serious charge under the GUCTOC Act and considernig the conduct and connection with other inmates who are detained in Morbi District Jail and Rajkot Central Jail as also his past