LAWS(J&K)-2019-2-26

ABDUL WAHID MIR Vs. STATE OF J&K

Decided On February 12, 2019
ABDUL WAHID MIR Appellant
V/S
State of JAndK And Ors Respondents

JUDGEMENT

(1.) The petitioner herein is stated, in terms of the petition, to be facing trial in the Court of learned Principal Sessions Judge, Bandipora for commission of offence punishable under Sec. 302 RPC, 7/25 Arms Act. During trial he had been lodged at Central Jail, Srinagar and Sub Jail, Baramulla. However, in the month of March, 2018, he has been shifted to District Jail, Udhampur, which, according to the petitioner, was made without any prior information either to the detenue or his family members. The family is stated to have learnt about his shifting from the learned trial court by virtue of an order dtd. 28/2/2018 of respondent No.2, of which a Photostat copy was provided also to the petitioner. The action of the respondent No.2, according to the petitioner, is bad, precisely, for the following reasons:

(2.) Counter has been filed only by respondent No.2 wherein the petition is stated to be without any force as the case of the petitioner regarding shifting being covered by Para 18.59 of J&K Jail Manual, there was no occasion to challenge the same. A copy of the communication dtd. 28/2/2018 sent by Superintendent, District Jail, Baramulla, to learned Sessions Judge, Bandipora, as may be quite apposite to refer herein reads as:

(3.) Heard learned counsel for the parties.