SADASHIV SEENA SALIAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) RULE. By consent, rule made returnable forthwith.

(3.) GRIEVANCE of the petitioners Counsel is that the petitioner who is in Arthur Road Central Prison, Bombay, since 1998 and who was initially lodged in Cell No. 7/4 AP has been transferred to high security yard cell on 19-7-2001 and the said transfer order has been made in derogation of the provisions contained in Maharashtra Prison Manual, section 2, Non-statutory Rules, Rule 1, Clause 1 wherein it is provided that a prisoner sought to be punished shall be afforded hearing before punishment is meted out to him. The learned Additional Public Prosecutor does not dispute that no formal hearing was afforded to the petitioner before he was transferred.