SANTANU BHARALI Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) This writ application has been filed on behalf of 24 persons named above. The petition has been filed by an Advocate, Shri S. Bharali.

(2.) The grievance of the petitioners are that these 24 persons, they have been detained under the National Security Act, 1980 and they have been shifted from the State of Assam to Jodhpur Jail and it is urged that the shifting of these detenu from Assam to Jodhpur is against the law. Though this writ petition was filed as far as back on 21.1.98, till today no affidavit-in-opposition has been filed, no record has been produced. Time was granted earlier to the authority to do the needful. Time was granted on 27.2.98, 11.3.98 and 17.3.98, but nothing was done. Hence I decided to take up the matter today.

(3.) I have heard Shri N. Dutta, learned Advocate for the petitioners and Shri Goswami learned Advocate for the respondents. The admitted position is that there is one Act being the Transfer of Prisoners Act, 1950 and that Act provides for removal of prisoners from one place to another of persons confined in a prisons. But the categories of prisoners who can be shifted from one State to another is that the person must be a prisoner and thereafter, he must suffer the following: