MEHAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was undergoing life imprisonment following his conviction in a murder case under orders of learned Sessions Judge, Kurukshetra, dated 10-8-1981 in Central Jail, Ambala. At the time of the occurrence for which the petitioner was convicted and sentenced, he belonged to village Manakpur, Police Station Guhla, District Kurukshetra. After the conviction and on account of fear of the opposite party. his father and other members of the family shifted to village Kalarm, Police Station Samania, District Patiala. On a request made by the petitioner and under reciprocal arrangement, the petitioner was shifted from Central Jail, Ambala (Haryana) to Central Jail, Patiala (Panjab) on 6-7-1986. The petitioner had undergone 14 years 6 months and 13 days including the under-trial period and the remissions earned by him. His father died. The remaining members of the family because of change of circumstances shifted back to the native village Manakpur whereafter the petitioner made a fresh application for his transfer back to Central Jail, Ambala. The application was made on 24-2-1988 and it was rejected by Inspector General of Prisons, Punjab on 31-3-1988. The order rejecting his prayer failed to convey any reason for the rejection. Through this writ petition, the petitioner has challenged the said order as arbitrary and contrary to the well accepted policy that a prisoner ought to be kept at such a place where he does not lose active touch with other members of his family.

(2.) IN the return, the above facts have not been controverted. The only plea put forward in paragraph 9 of the return is that the petitioner was not entitled to claim a transfer back to the State of Haryana as it was on his request that he had been transferred to the State of Punjab on reciprocal basis.