STATE OF JHARKHAND Vs. VIKASH TIWARY

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is filed by the State of Jharkhand and others, against the final order dtd. 21/8/2023 passed by the High Court of Jharkhand at Ranchi [Hereinafter shortly referred to as "the High Court"] in Writ Petition (Cr.) No. 318 of 2023, whereby the High Court quashed the order / memo dtd. 17/5/2023 issued by the Inspector General of Prisons, Ranchi, Jharkhand, making intra-State transfer of the respondent herein from Lok Nayak Jai Prakash Narayan Central Jail, Hazaribagh, to Central Jail, Dumka, within the State of Jharkhand.

(3.) It is the words of Fyodor Dostoevsky, "The degree of civilization in a society can be judged by entering its prisons". Prisons are considered as the 'tailend' of the criminal justice system. They have existed since ancient times, where anti-social elements were kept in, for deterrence and retribution. But, in modern days, a prison connotes a correctional mechanism, thereby emphasizing the reform of inmates. Prison life necessitates certain constraints on the freedom of inmates. Therefore, it is imperative on the part of the prison authorities to rehabilitate the prisoners into law abiding citizen, besides maintaining security and rule of law in the prison. With this preface, we will delve into the issue involved in this appeal.