MANGU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WE proceed to adjudicate upon the instant application of the appellant Jamil Khan (life convict) seeking transfer from Central Jail Bharatpur to Distt. Jail Alwar in the back drop of this humanistic proposition that conviction of a crime does not render one a non-person whose rights are subject to the whim of the prison administration. A prisoner does not shed his basic constitutional rights at the prison gate.

(2.) IT is contended by the appellant in the application filed under Section 482 Cr. P. C. read with Article 226 of the Constitution of India that his wife Rajbi, along with his four children which the appellant Jamil has, one is a boy of seven years and other three are girls younger to the boy. Of lately Smt. Rajbi has not been keeping good health and she seems to be suffering from T. B. Since the appellant has been kept at Central Jail Bharatpur, it is difficult, any impossible for his indisposed wife to travel all the way to Bharatpur which is at a distance of about 100 kms. in the company of her children, to see the appellant. Smt. Rajbi faces grave hardship specially in the wake of financial constraints. Village Chandoli is only 15 kms. away from Alwar and if the appellant is transferred to District Jail Alwar, it would be very convenient for his family to see him in Jail.

(3.) WE therefore dispose of the instant application in the following terms. (i) Appellant Jamil Khan (life convict) shall be transferred temporarily i. e. for a period of three months from the Central Jail Bharatpur to District Jail Alwar. (ii) In the event of seeking permanent transfer appellant Jamil Khan shall have to file an application under Clause (6) of the Circular dated April 22, 1993 before the Director General Prisons who shall expeditiously decide it by a reasoned order considering the security reasons but taking a compassionate view as indicated by the Hon'ble Supreme Court in Om Prakash vs. State of Haryana (supra ).