JAVED AHMED KHAN Vs. STATE

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, impugning an order dated 25.05.2016, whereby his representation for seeking transfer from the Central Jail Tihar, Delhi to the Central Jail, (Srinagar), Jammu and Kashmir was dismissed by respondent no.1.

(2.) The petitioner was convicted of an offence under Sections 302/307/323/120B/124A of the IPC; Sections 3/4/5 of the Explosive Substances Act, 1908; Section 25 of the Arms Act, 1959, and; Section 411 of the IPC. The petitioner was found guilty of an act of terrorism and it is held that he was one of the persons responsible for bomb blasts in Lajpat Nagar, Delhi.

(3.) The learned counsel appearing for the petitioner referred to the decision of the Madras High Court in V. Radhakrishna v. the State of Tamil Nadu: W.P.(MD) 15664/2019 decided on 19.07.2019 and decision of the Supreme Court in Re-inhuman Conditions in 1382 Prisons, In Re: (2017) 10 SCC 658, in support of his contention that insofar as possible, the prisoner is required to be placed in a jail near his home in order to ensure his social rehabilitation. The petitioner relies upon the United Nations Standard Minimum Rules for the Treatment of Prisoners as adopted by the General Assembly of United Nations on 17.12.2015 (referred to as the Nelson Mandela Rules).