ARUNA SHANKER Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition is for issuing direction to the opposite parties to release the petitioner from Central Jail, Agra and sending him back to the District Jail, Lucknow. The petitioner was arrested on 12-5-1985 at Lucknow in connection with some offence and was sent to District Jail, Lucknow on 13-5-1985. He was served with the detention order dt. 30-4-1985 passed by the District Magistrate, Lucknow, along with the grounds of detention on 13-5-1985 in that District Jail. The detention order was passed under the provisions of the National Security Act, 1980 on the ground that the activities of the petitioner were prejudicial to the maintenance of public order. From 13-5-1985 to 26-6-1985 he remained in the District Jail, Lucknow. On 27-6/-1985 he was transferred to the Central Jail, Agra and ever since he has been in that Central Jail. The present petition has been filed on the allegations that according to the detention order passed by the District Magistrate on 30-4-1985 he was to be detained in the District Jail, Lucknow and his detention in the Central Jail, Agra is causing much hardship to him as well as his relations who want to meet him. In the counter-affidavit filed on behalf of the opposite parties it has been stated that he was transferred from District Jail, Lucknow to Central Jail, Agra on account of administrative and security reasons and his detention in Central Jail, Agra is not illegal or invalid.

(2.) It was argued by the learned counsel for the petitioner that the transfer of the petitioner from the District Jail, Lucknow to Central Jail, Agra has been made without any satisfactory reasons and his detention at such a distant place is punitive. In support of this argument he placed reliance on A. K. Roy v. Union of India, 1982 Cri LJ 340 : (AIR 1982 SC 710). The learned Additional Government Advocate appearing on behalf of the opposite parties, on the other hand, argued that the petitioner was transferred to Central Jail, Agra on account of variety of reasons and in pursuance of the order of the State Government which was fully competent to pass such an order and the detention of the petitioner in the Central Jail, Agra is not punitive by any stretch of reasoning. He, on the other hand, relied upon Mrs. Geetinder Kaur v. State of Punjab, AIR 1985 SC 1409.

(3.) Section 5 of the National Security Act reads as follows :