MAHENDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In these group of matters, the convicts have inter alia challenge decision of the jail authorities whereby, the request of the convicts to be transferred from one jail to another has been rejected.

(2.) It appears that as per the submissions made by learned APP Mr. L.B. Dabhi for the respondent-State that appropriate decision would have been taken by the Additional Director General of Police (Prisons) on the file but as such, a copy of such decision would not have been communicated to the convict concerned. It appears that the concerned jail authorities, in almost all the applications have submitted a copy of chart, which inter alia includes the name of the convict, the jail to which the convict is seeks to be transferred, the offence for which the convict is convicted, the sentence imposed upon the convict, the period of incarceration, the reason for transfer and the conduct as well as jail punishment, if any, imposed upon the convict and also the recommendation of the Jail Superintendent. It appears that the decision of the IG (Prisons)/ADG (Prisons), is noted in the said chart, with a single remark 'rejected'. Learned APP would submit that while the chart, shows a birds eye view of the facts, the concerned authority, while taking the decision, would have taken into consideration all the relevant aspects. In the considered opinion of this Court, when inspite of positive opinion of the concerned Jail Superintendent, if the convict is not transferred to the jail to which he seeks transferred, the authority being required to give some brief reasons, therefore these group of applications could be disposed of with a direction to the Additional Director General of Police (Prisons) to communicate to each of the applicant convict in these group of applications, the reason for rejecting the request of the convict for transfer of the jail. Such reason shall be communicated by the Additional Director General of Police (Prisons) within a period of two weeks from the date of receipt of this order and whereas the applicants-convicts would be at liberty to challenge the said order, if they are aggrieved by the same. Accordingly, the present applications stand disposed of.