Courts under Article 226 cannot interfere with prison transfers based on confidential reports unless arbitrary or illegal.

[Order of the Court was made by N.ANAND VENKATESH, J.]

This Writ Petition has been filed to direct the respondents to transfer the petitioner's son namely Solai, S/o.Muniyasamy @ Uruttu Muniyasamy, from Vellore Central Prison to Madurai Prison.

2. Pursuant to the earlier direction issued by this Court, the learned Additional Public Prosecutor produced the relevant materials, based on which, the detenue was transferred to Central Prison, Vellore.

3. In our considered view, the administrative exigency prevailing has impelled the transfer of the detenue to Central Prison, Vellore. This Court, exercising its jurisdiction under Article 226 of the Constitution of India, cannot interfere with every administrative action taken by the authorities unless such action is vitiated by arbitrariness or illegality. The materials placed before this Court do not indicate any such illegality or arbitrariness.

4. The learned counsel for the petitioner submitted that no reasons have been assigned and no order has been passed before the detenue was transferred.

5. The learned counsel for the petitioner brought to our notice the judgment in H.C.P.No.1707 of 2017, dated 05.10.2017 and specifically placed reliance upon paragraph 7.2 of the said judgment.

6. We are in complete agreement with the above judgment. As stated supra, the relevant material has been placed before this Court to justify the transfer of the prisoner and this Court has satisfied itself that there was an exigency faced by the respondents, which propelled the transfer. Hence, the above judgment does not help the petitioner in any way.

7. In the case in hand, the confidential report was placed before the Court and we had the advantage of going through the same. If the reasons given in the confidential report are revealed by way of passing an order, it will only prove to be counterproductive. Hence, in cases of this nature, the confidential report relied upon by the respondents can be placed before the Court and the Court can satisfy itself as to whether there are valid reasons for the transfer of the detenue from one jail to another. It is for the Court to decide whether there is justification for the transfer or otherwise.

8. In the case in hand, we are satisfied with the confidential report that was placed for the transfer of the detenue to Central Prison, Vellore. We are not inclined to interfere with the same. For the present, the request made by the petitioner seeking transfer of the detenue back to Central Prison, Madurai, cannot be acted upon. It is left open to the petitioner to revive the request after some time.