DHAYAL Vs. STATE OF TAMIL NADU AND ORS.

JUDGEMENT

(1.) THIS petition has been filed, seeking to quash the impugned order passed in No. Tha.Ku.3/100/2015 dated 22.09.2015 by the 5th respondent, in and by which, the Remand Prisoner, namely, Pandi @ Attack Pandi was ordered to be remanded in the Central Prison, Palayamkottai instead of the Central Prison, Madurai, based on the telephonic message of the Deputy Inspector General of Prison (Incharge). The petitioner has also sought a direction to the 2nd respondent for transfer of her husband/the Remand Prisoner to the Central Prison, Madurai.

(2.) THE case of the petitioner in nutshell is as follows:

(3.) THE main thrust of argument put forth by the counsel for the petitioner is that the power of transfer of a Remand Prisoner from one Prison to another Prison is vested only with the Inspector General of Prison in terms of Section 29 of the Prisoners Act, 1900 and the Tamil Nadu Prison Rules, 1983. In support of his submission, the counsel for the petitioner has relied upon the judgment of this Court in the case of The Superintendent of Prisons, Chennai v. The Inspector of Police, Maduravoyal Police Station, Chennai (Crl.O.P. Nos. 21004 and 21005 of 2015) dated 03.09.2015.