SHYOKARAN Vs. STATE OF RAJASHTHAN

JUDGEMENT

(1.) LIKE autumn leaves about to be scattered by gust of wind, the petitioners, who are convicted prisoners undergoing their sentences at Central jail, Jaipur are about to be blown away to central Jail, Bikaner by the respondents. Since, the petitioners are aggrieved by their proposed transfers from Central Jail, Jaipur to Central Jail, Bikaner, they have sought the refuge of this Court under the writ jurisdiction. Since the grievances are common in all these petitioners, they are being decided by this judgment.

(2.) OBVIOUSLY, the petitioners have different backgrounds with regard to their criminal cases, which have landed them in the Central Jail, Jaipur. But, the factual matrix of their criminal cases are neither relevant, nor pertinent for the just decision of their case. What is essential to note is that the petitioners' share a common denominator : they are convicted under Section 302 and have been sentenced to life imprisonment. They are undergoing their sentences at Central Jail, Jaipur for the last so many years. They are permanent residents of either Jaipur, or Jaipur District, or of places nearby Jaipur District. During their incarcerations, they have regularly interacted with their kith and kin. During this interim period, they have reformed themselves to a great extent. But, vide letter No. 29550 dated 9-11-2006, the Director General of Prisons demanded a list of convicted prisoners, who were housed in the Central jail, Jaipur for the purpose of transferring them to the Central Jail, Bikaner. In compliance with this letters, the Superintendent, central Jail, Jaipur has sent a list of one hundred seventy-five convicted prisoners for the proposed transfer. Since, the petitioners are aggrieved by their proposed transfers, they have approached this Court.

(3.) IN a chorus, the learned counsels for the petitioners have contended that the proposed transfer is in violatioh of Art. 14 of the Constitution of India. For, although Section 8 of the Rajasthan Prisoners Act, 1960 ('the Act', for short) permits the State Government to remove a prisoner and Rule 153 of Section V of the Rajasthan Prisoners Rule, 1951 ('the Rules', for short) also empowers the Inspector General of Prison, but the prisoners are being transferred in any arbitrary manner. Secondly, the prisoners are being transferred on the basis of "seniority" i. e. on the basis of number of years, a prisoner has undergone his sentence at Central Jail, jaipur. But, this criteria is absolutely arbitrary as it ignores various critical factors, such as the economic background of the family, the distance family would have to travel to meet the prisoner, the economic condition of the prisoner, the conduct of the prisoner in the Jail etc. Thirdly, the prisoners have a Fundamental Right to interest with their kith and kin under Art. 21 of the constitution of India. The petitioners are poor and illiterate, who come from the rural areas nearby Jaipur or from the surrounding districts. In case, they were transferred to Central jail, Bikaner, which is about four hundred kilometres away, the ties of the prisoners with their families would be snapped. Thus, their Fundamental Right to interest with their friends and families would be violated.