VIJAY KUMAR Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, Vijay Kumar and 8 others (life convicts) have challenged the legality and vires of their continued imprisonment in Tihar Jail after their transfer from the Borstal Jail at Faridkot.

(2.) We shall here briefly notice the facts of the case of each petitioners.

(3.) The contention of the petitioners is that under the orders of the Delhi Administration under Sec. 3 of the Transfer of Prisoners Act, 1950 they were transferred to Punjab and Haryana and that the Delhi Administration by exercising the powers of the District Magistrate under Section 6 or Section 8 of the Punjab Borstal Act as applicable to the Union Territory of Delhi, had detained the petitioners in the Borstal institutions and that on their attaining the age of more than 23 years they were transferred from the Borstal Jail to the Central Jail Tihar at Delhi and that their transfer to the Central Jail at Tihar after their detention in the Borstal institutions is illegal and without jurisdiction.