RANJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was undergoing sentence as a convict at District Jail, Sirsa, having been convicted in F.I.R. No. 264 dated 27.9 92, under Section 304 -B, 498 -A I.P.C. Police Station Sadar, Sirsa District Jail, Sirsa and observed that rooms of the jail were damaged and require repairing. Accordingly, some of the prisoners were shifted from District Jail, Sirsa to Central Jail. Hissar. It is alleged that all the other prisoners who were shifted alongwith the petitioner from District Jail. Sirsa to Central Jail, Hissar were sent back to the District Jail, Sirsa excepting the petitioner whose application was rejected. The mother of the petitioner had filed earlier a petition being Cr1. Misc. No. 19371 -M in this Court came up for hearing before this court on 8.10.1997 and the same was as withdrawn with the observation that the convict can apply for his from the jail In pursuance of that order the present petition has been filed convict petitioner. Notice was issued to the respondents who filed reply admitting the fact that the petitioner was admitted in District Jail, Sirsa from where was transferred to Central Jail, Hissar on 27.5.1997 by the orders of Director General of Prisions, Haryana, Chandigarh on the directions of Hon'ble Mr. Justice Swatanter Kumar on becoming the jail buildings unsafe. The reply on merits shows that some of the under trials prisoners were transferred back to District Jail, Sirsa by orders of District and Sessions Judge, Sirsa. The petitioner has ever not applied the jail authorities for his transfer from Central Jail, Hisar to District Jail, Sirsa uptill now. It was further contended that no legal or consitutional right has been infringed. Hence, he could not file this petition.

(2.) AFTER hearing the learned counsel for the petitioner and the learned to Counsel and keeping in view the reply filed by the respondents, I find the case of the petitioner is not being considered on the ground that he had been asked for his transfer from Central Jail, Hisar to District Jail, Sirsa. It also abudantly clear that after his conviction, the petitioner was kept in District Jail, Sirsa to serve the sentence awarded to him in the aforesaid case which he had not been convicted from the Court of Additional District Judge, Sirsa. The petitioner was shifted from District Jail, Sirsa when the building of the jail and Sirsa was found unsafe during the jail visit by Hon'ble Mr. Justice Swatanter Kumar of this Court. The Director General of Prisons Acted accordingly and shifted the inmates of the jail in order to bring about the repairs of that portion of the jail. Learned counsel for the petitioner further informs that the jail has since been repaired and some of the under trials prisoners have since been sent back to District Jail, Sirsa.

(3.) AFTER carefully considering the submissions of the learned counsel for the petitioner and the stand taken by the respondents in the reply, I find considerable merits in the petition which is allowed and the respondents /jail authorities are directed to take action on the application of the petitioner for his being shifted back to District Jail Sirsa at an early dated preferably within one month from the date of receipt of copy of this order of this Court and a certified copy thereof from the petitioner. Disposed of accordingly. Copy of this order be given Dasti on payment.