New Delhi, Jan 17 (UNI) The Supreme Court on Friday permitted an appeal by the State of Jharkhand for the transfer of a prisoner from one jail in Jharkhand to another, citing concerns over the prisoner’s involvement in gang wars and the potential threat to his right to life.
The bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan also directed the Jharkhand government to update its Jail Manual to incorporate provisions from the Model Prison Manual, 2016, ensuring effective prison administration.
The Court set aside an earlier Jharkhand High Court order of August 21, 2023, which had quashed the State’s decision to transfer the prisoner from Lok Narayan Jai Prakash Narayan Central Jail in Hazaribagh to the Central Jail in Dumka.
In the Judgment authored by Justice Mahadevan, the bench emphasized that while the prisoner’s fundamental rights must be protected, the State’s concerns over security risks and gang wars warranted the transfer.
The Judgment stated: “Authorities shall ensure that the respondent’s fundamental rights are protected as per the law.
The State of Jharkhand must expedite the formulation of a Jail Manual incorporating applicable provisions of the 2016 Model Prison Manual and ensure its strict compliance by prison authorities. The appeal stands allowed, ” the Top Court said.
The matter pertains to a case where transfer of the prisoner to Dumka Jail was first challenged by the Respondent before the High Court, which quashed the transfer order.
The State then issued another administrative order citing a potential gang war involving the prisoner as the basis for the transfer. However, in 2023, the High Court ordered a status quo.
In its final order on August 21, the High Court relied on letters from the Superintendent of Hazaribagh Jail, which described the prisoner’s conduct as satisfactory, noting that he had been in custody for over 7.5 years. The High Court found no immediate threat to justify the transfer and quashed the State’s decision.
The Supreme Court, however, referred to Section 29 of the Prisoners Act, of 1900, which permits the State Government to transfer prisoners under specific conditions, such as those under a death sentence, serving imprisonment, or defaulting on fines or security bonds.
Acknowledging the State’s argument about gang war concerns, the Court concluded that the transfer was necessary for maintaining security and order.
The Supreme Court’s ruling now permits the transfer of the prisoner to Dumka Jail and mandates the Jharkhand government to revise its Jail Manual for better compliance and administration.