NAGAMMAL Vs. STATE OF PUDUCHERRY

JUDGEMENT

(1.) Whether the State Government is empowered to transfer a prisoner to a prison in another State is the core issue that arises for consideration in this writ petition filed by the mother of a life convict who is now confined at the Special Sub Jail, Karaikal in the Union Territory of Pondicherry.

(2.) The learned counsel for the petitioner submitted that in case the prisoner is shifted to a place outside the State, it would amount to violation of human rights, inasmuch as the relatives would not be able to meet him. According to the learned counsel, the Trial Court must permit transfer of prisoners. The State has no such power. The learned counsel by placing reliance on Sunil Batra (II) v. Delhi Administration, 1980 AIR(SC) 1579and K. Velambal v. Government of Tamil Nadu,1981 1 MadLJ 218 contended that the transfer would amount to solitary confinement and the same is violative of Article 21 of the Constitution of India.

(3.) The learned Government Advocate (Pondicherry) submitted that Transfer of Prisoners Act permits such transfer of prisoners from one State to another. According to him, the prisoners have been indulging in violence and even there was an attempt to murder certain convicts by the rival group at the jail. The learned Government Advocate contended that the Government is the proper authority to take a decision in the matter.