ABDUL MAJEED BABA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India praying that the respondents be allowed to transfer the petitioner to his native state Jail i.e., Srinagar, Central Jail from Central Jail, Tihar, New Delhi.

(2.) Per contra, this petition is strongly opposed by Learned Prosecutor submitting that the petitioner is a hard core militant of banned terrorist organization Jaish-e-Mohammad (JeM). During pendency of his appeal before this court, when the petitioner was released on bail, the petitioner had absconded. He remained absconding deliberately for a long time and repeated NBWs could not be executed for a period of six years with effect from 2013-2019. Later, considering the seriousness of the matter, a reward of Rs.2.00 lakhs was declared on the petitioner's arrest by the Commissioner, Police vide order date 18/3/2019. Subsequently, the petitioner was arrested from Srinagar, J&K, on 11/5/2019.

(3.) In rebuttal, learned counsel for the petitioner submitted that the petitioner had not absconded. He could not surrender as he was under constant treatment at hospital Sher-i-Kashmir Institute of Medical Sciences, Department of Cardiology Post Bag No. 27, Srinagar, Kashmir, India. He also submitted that the transfer of the petitioner to jail at Srinagar would help in his speedy recovery and his family members would also be able to visit him more frequently.