A prisoner can be transferred to a jail closer to their native place on humanitarian grounds if the distance causes undue hardship to aged or ailing family members and the state provides no justification for the distant incarceration.

Order

1. By way of the present Criminal Writ Petition filed under Article 226 of the Constitution of India, the petitioner has invoked the extraordinary jurisdiction of this Court seeking a direction to the State authorities for his transfer from Central Jail, Bikaner to Central Jail, Udaipur.

2. The factual matrix giving rise to the present petition reveals that the petitioner has remained in judicial custody for a period approximating five years in connection with offences under Section 376 of the Indian Penal Code and Sections 5(i)/6 of the POCSO Act, 2012 , and stands convicted and sentenced to undergo rigorous imprisonment for a period of 20 years by the learned trial Court. At present, he is lodged in Central Jail, Bikaner, which is situated at a considerable distance from his native place and the residence of his family members.

3. This Court has heard the learned counsel for the petitioner and the learned Additional Government Advocate appearing on behalf of the State, and has carefully perused the material available on record.

3.1 It has been contended on behalf of the petitioner that his mother is an illiterate, aged, and ailing woman, who is suffering from various medical infirmities and is financially indigent. Owing to her frail health, lack of resources, and inability to undertake long-distance travel, she is unable to visit the petitioner at Central Jail, Bikaner. It is further submitted that the geographical remoteness of the present place of incarceration has effectively deprived the petitioner of familial interaction and emotional support. In support of such contention, reliance has been placed upon a representation dated 16.03.2016 submitted by the petitioner’s mother before the jail authorities, which has been annexed with the petition.

3.2 It has additionally been urged that the petitioner belongs to a financially weak background, and his family lacks the means to bear the recurring expenses associated with travel to Bikaner. The continued incarceration of the petitioner at such a distant location has, therefore, resulted in severe hardship, not only to the petitioner but also to his aged mother, who remains unable to maintain contact with him. It is thus prayed that the petitioner be transferred to Central Jail, Udaipur, which is comparatively nearer to his native place, so as to facilitate visitation and preserve familial ties.

3.3 The relief sought in the present petition is essentially humanitarian in nature, aimed at mitigating the genuine hardship faced by the petitioner’s aged and ailing mother, who is unable to undertake arduous travel due to her physical and financial constraints. The prayer for transfer is not predicated on mere convenience but is grounded in considerations of compassion and the necessity to maintain familial association during incarceration.

4. The issue involved in the present matter is no longer res integra and stands squarely covered by the order passed by this Court in S.B. Criminal Writ Petition No. 3288/2025, Sunil @ Jenter vs. State of Rajasthan , decided on 05.02.2026, wherein this Court, while considering an analogous issue, has recognized that transfer of a prisoner may be directed on humanitarian grounds, particularly where continued detention at a distant place results in undue hardship to family members. The relevant observations made therein are reproduced as under:

3. Upon an objective consideration of the facts, this Court notes that the petitioner’s family members reside within the same city