SAMIULLAH SHEIKH AND ANR. Vs. STATE AND ORS.

JUDGEMENT

(1.) By the medium of this Civil Miscellaneous Petition, petitioners have sought direction from the Court that respondents be restrained from shifting the petitioners from Central Jail, Srinagar, to any other jail outside the Valley.

(2.) It appears, that petitioners came to be convicted and sentenced by the court of Additional Seesions Judge-II, North Delhi, Sessions Case No. 47/2010 under FIR No. 01/2007, P.S. Special Cell offences under Section 21/121 A/122/123 & 120BIPC 4/5 Explosive Substances Act 18/20/23 Unlawful Activities (Prevention) Act and were undergoing sentence at Tihar Jail, Delhi in terms of Order dated 10th November, 2010.

(3.) Petitioners moved an application before the Superintendent, Tihar Jail, Delhi for their transfer and change of lodgement from the said jail to Central Jail, Srinagar on the grounds taken in the said application and according Superintendent concerned made a request to respondent no. 2 for taking necessary steps. It is not known, whether any order has been passed by the Court of competent jurisdiction or competent authority. However, the court of Chief Judicial Magistrate, Sopore, directed the concerned authority to produce the petitioners in a case pending before that court.