SARDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. Learned A.P.P. waives service for the respondents. At the joint request of the parties, the matter is heard finally at the stage of admission.

(2.) The petitioner is a convict suffering a sentence of life imprisonment having been punished under Sec. 3 (3) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter 'TADA') and Sec. 120-B of the Indian Penal Code. He is seeking transfer to an open prison under the provisions of the Maharashtra Open Prisons Rules, 1971 (hereinafter 'Open Prison Rules').

(3.) Learned advocate Mr. Jaiswal for the petitioner submits that the petitioner has been persistently putting up the request but it is being rejected from time to time and the Courts have remanded the matter back to the respondents-authorities to consider his claim. Lastly, against such rejection of the application he had preferred Criminal Writ Petition 1485/2020. It was dismissed by this Court. The order was challenged in Special Leave Petition No. 8282/2021. The Supreme Court remanded the matter back with a direction to the respondents-authorities to consider and decide his application afresh. By the impugned order dtd. 4/2/2022 the respondent No. 2-Inspector General of Prison, Pune has rejected the application once again on three counts :