AJAYKUMAR UDAYRAJ YADAV Vs. S C MALHOTRA

JUDGEMENT

(1.) RULE , Mrs.Tahilramani, the learned Additional Public Prosecutor waives service of rule. By consent rule is fixed forthwith.

(2.) THE petitioner-detenu has filed this application seeking transfer from Nasik Road Central Prison to any other Central Prison preferably to Yervada Central Prison, Pune. The application is supported with verification of Smt.Amarjit Kaur Yadav, wife of the detenu. Earlier as per order dated 1st July 1997, considering the affidavit filed by the wife of the detenu, we had called for the report from the Superintendent, Nasik Road Central Prison, Nasik and also directed the Superintendent to send the detenu for medical examination at the Civil Hospital Nasik and directed that the report about the medical examination of the detenu be submitted. Considering the report received from the Superintendent, Nasik Road Central Prison as per our order dated 1st July 1997, we referred the matter for decision in favour of the State Government to consider the request of the detenu considering the report of the Superintendent, Nasik Road Central Prison dated 29th June 1997 along with the other annexure and decide the request of the detenu for transfer from Nasik Road Central Prison to any other prison and the Secretary was requested to take decision on or before 5th July 1997.

(3.) WHEN we referred the matter in favour of the Government to decide the request of the detenu considering the report of the Superintendent, Nasik Road Central Prison as well as the medical report attached with the said report, we feel that the decision is not taken on considering the said report, as can be seen from the original file tendered before us by the learned Additional Public Prosecutor. Accordingly in view of the fact, as reported by the Superintendent of Nasik Jail, about the incident which occurred in the prison on 23rd June 1997 between the prisoners wherein the detenu has sustained injuries and the same is supported by a medical certificate issued by Dr.Patil and the detenu is also apprehending danger to his life at the hands of some other prisoners in the said jail, the jail authority has also kept the detenu in extra security cell in the prison, it would be in the fitness of things that the request made by the detenu for transfer is to be entertained. During the hearing the learned Additional Public Prosecutor informed this Court that the detenues are also kept at various prisons and one of the prisons is Yervada Central Prison. The Petitioner has prayed that the petitioner be transferred to Yervada Central Prison, Pune.