JUGAL PAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is an under-trial prisoner being tried in four serious cases pending in different courts in daltonganj. He is in custody since 6. 8. 1991. He was initially lodged in the Daltonganj jail. He was transferred to Gaya Central Jail and then to Buxar Central Jail by the order of the Inspector General of Prison, Bihar after obtaining orders from the trial judge by whose order he has been remanded to judicial custody pending trial.

(2.) THE petitioner by this application challenges the authority of the Inspector general of Prisons to transfer him from Daltonganj jail where he is being tried. He has also challenged the order of the Additional sessions Judge permitting his transfer from daltonganj jail to Gaya jail.

(3.) ACCORDING to the counter affidavit, the petitioner had been transferred purely for administrative reasons under the orders of the State Government to maintain tranquility within the jail and safeguard the lives of the inmates of the Daltonganj jail. It has been pointed out that the petitioner is being regularly produced in the Daltonganj courts and he has no right to challenge the order of his transfer. The order of the Inspector general, Prisons, is Annexure-B to the counter affidavit. Petitioner has stated in the supplementary affidavit that he was not produced from Buxar jail on 13. 5. 94 and 24. 6. 94. As borne out from Annexure 2 and 2/1, he was not produced on more than one occasions in 1992 and 1993.