GHULAM QADIR BHAT Vs. STATE & ORS.

JUDGEMENT

(1.) Petitioner has invoked the jurisdiction of this court by the medium of this writ petition to command respondents to lodge the petitioner/ detenue in Central Jail Srinagar in terms of MANUAL FOR THE SUPERINTENDENCE AND MANAGEMENT OF JAILS (hereinafter for short Manual) And to command the respondents to consider his case for remission of sentence in terms of Govt. Circulars and provisions of Manual.

(2.) Respondents have filed reply and resisted the petition.

(3.) During the pendency of writ petition, petitioner has moved CMP No. 1208/2008 and it is prayed that respondents be directed to process the case of the petitioner for grant of remission and to lodge the detenue in Central Jail, Srinagar. Respondents have filed objections and resisted the petition. It is averred in the CMP that in terms of the provisions of Manual. The Prisoners Act, 1977 and other circulars issued by the Govt. from time to time, petitioner has qualified for remission in terms of the provisions of Manual and respondents have in breach of provisions of Manual lodged the petitioner in Central Jail Kathua. Accordingly it is prayed that respondents be directed to process the case of the petitioner for remission and further they be directed to lodge the petitioner-detenue in Central Jail, Srinagar. Both these reliefs are claimed by the petitioner in main writ petition.