MANOHAR LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition under Sec. 482 Code Criminal Procedure read with Articles 226/227 of the Constitution of India, petitioner seeks transfer from Central Jail, Hisar to District Jail, Gurgaon and for quashing of the rejection report given by respondent No. 1 by his order dated 28.2.2000. It is the case of the petitioner that the aforesaid order has been passed arbitrarily and without giving any reason. A persual of the order also shows that it is a non-speaking order. No reasons whatsoever have been given. The petitioner is stated to be 72 years old and is suffering from urinary problems. The son of the petitioner has been pleading the case with the authorities for transfer so that an effective medical treatment can be given to the petitioner.

(2.) Reply has been filed by the respondents. In the reply, the only reason justifying the rejection is that there is very small accommodation at District Jail, Gurgaon, where under trial prisoners facing trial in the Court of District Gurgaon are being kept for trial of their cases. It is also stated that, at present, the population of inmates in District Jail, Gurgaon, is more than four times against its authorised accommodation of inmates. Therefore, it is impossible to adjust more convicted prisoners at District Jail, Gurgaon.

(3.) When the matter came up for hearing on 1.11.2000, it was argued by the learned counsel for the petitioner that a large number of prisoners have been transferred to District Jail, Gurgaon, even after filing of the present petition. She also stated that the petitioner is not being transferred deliberately to District Jail, Gurgaon.