SAMIULLAH SHEIKH Vs. STATE

JUDGEMENT

(1.) Petitioners have filed the writ petition, OWP No. 1292/2011, seeking a writ of mandamus commanding the respondents to shift/transfer them from Tihar Jail, New Delhi, to Central Jail, Srinagar, on the grounds taken in it. Precisely, the case of the petitioners is that they are serving sentence in Tihar Jail, New Delhi in terms of an order of conviction and sentence passed by the trial court at Delhi. It is contended that they are also facing trial in an another case in the Court of Chief Judicial Magistrate, Sopore, Kashmir, in which connection the petitioners are required to be transported on and off from New Delhi to Sopore, Kashmir, but the respondents do not produce them in the said court regularly which is causing delay in the disposal the case against them. It is submitted that at present they are lodged in Central Jail, Srinagar, and it is prayed that they be directed not to be shifted back to Tihar Jail, New Delhi.

(2.) This Court, after considering the factual position, vide order dated 29.09.2011, passed in CMP No. 2046/2011 (in OWP No. 1292/2011), directed the respondents not to disturb the present lodgment of petitioners. Further, respondents were directed to consider their case for shifting them from Tihar Jail, Delhi to Central Jail, Kashmir.

(3.) Petitioners also laid a motion, CMP No. 2342/2011, seeking a direction to the respondents to shift petitioner No. 2 to Central Jail, Srinagar, as he had to appear in 11th Class examination. This Court, accordingly, vide order dated 14.11.2011, directed the respondents to shift petitioner No. 2 to Central Jail, Srinagar, for appearing in the said examination.