SHIV RAM Vs. JAIL ADMINISTRATION U P GOVERNMENT

JUDGEMENT

(1.) Shiv Ram, a life convict, who was lodged in the Central Jail, Bareilly, had sent this petition, alleging that the convicts were being not supplied items of daily use, such as soap, oil, sugar etc. on controlled rate from the Jail, Canteen and when they complained about the same to the Deputy Jailor, the petitioner and also the other convicts were transferred to Varanasi from Bareilly as he was getting illegal gratification from the Canteen officials. Some of the transferred detenues at Varanasi were alleged to have been put in solitary confinement and subjected to inhuman treatment The petitioner has urged that he and the other convicts who were transferred to Varanasi be retransferred to Bareilly as their relatives being poor were not able to meet them due to long distance between Bareilly and Varanasi.

(2.) On the notice being issued, a counter affidavit has been filed by Mohammad Ibrahim, Deputy Jailor, Central Jail, Bareilly. While denying the allegations in the petition it was asserted in paragraph 4 of the counter affidavit that the conduct of the petitioner, Shiv Ram in jail was unsatisfactory, he in connivance with the prisoners Saroj Kumar, Hanif, Kishore Chandra, Ganga Ram, Chandra Bhal, Vedram, Nanhe, Gopal Ram and Mardan was alleged to have instigated other prisoners to go on strike which had the effect of paralysing the jail administration and discipline. These persons were, therefore, transferred to the Central Jail, Varanasi, by order of the Inspector General Prisons, U.P. because of their unlawful and illegal activities. It is asserted that the transfer being based on disciplinary ground and the allegations in the petition being false, this petition deserved to be dismissed. The allegation about accepting illegal gratification or profit etc. by the Deputy Superintendent as alleged in the petition was also denied.

(3.) We have heard Sri Yogesh Agarwal, who has appeared on behalf of the petitioner at the instance of Legal Aid Committee and Sri Prem Prakash, learned Additional Government Advocate.