IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc.79439-M of 2006
DATE OF DECISION : AUGUST 8, 2008
SANDEEP ....... PETITIONER(S)
VERSUS
STATE OF HARYANA AND ORS. .... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr.NS Shekhawat, Advocate, for the petitioner(s).
Mr. Narender Sura, AAG, Haryana.
AJAI LAMBA, J. (Oral)
This petition has been filed under Section 482, Code of
Criminal Procedure, seeking directions to the respondents to shift the
petitioner from District Jail, Karnal to District Jail, Gurgaon.
A perusal of the reply shows that there are as many as 10 cases
pending against the petitioner; 7 out of which are pending in Gurgaon, 2 in
Delhi and one in Jhajjar. It seems that the petitioner was earlier lodged in
the Jail at Rohtak. On his request, he was transferred to Gurgaon.
Subsequently, for the reasons given by the jail authorities in the reply, he
was transferred to Karnal.
The contention of the learned counsel for the petitioner is that
the life of the petitioner is in danger because for every date of hearing, he
has to be transported from Karnal to Gurgaon, for trial of cases.
Having gone through the reply filed, I find that in para-6, it has
clearly been mentioned that the petitioner is a hardcore criminal and a
gangster. He was found having a mobile phone in the jail and was
Criminal Misc.79439-M of 2006 2
demanding huge amount from businessmen. He also indulged in inciting
new convicts and undertrials for putting pressure on the jail
administration. It was under these circumstances that the Superintendent,
District Jail, Gurgaon, had requested the District and Sessions Judge,
Gurgaon and Director General of Prisons, Haryana, to transfer the
petitioner from District Jail, Gurgaon to any other jail. It is under these
circumstances that the petitioner was transferred to District Jail, Karnal.
Having regard to the facts mentioned in the reply filed by the
Superintendent, District Jail, Karnal, I am not inclined to accept the prayer
of the petitioner.
The jail is to be managed by the jail staff. All the inmates in
jail are by and large involved in commission of offences. So as to manage
the convicts and undertrials, jail authorities are the appropriate persons to
formulate an opinion how best to manage the jail inmates and the
discipline therein. The court would be very reluctant to interfere with the
discretion exercised by the jail authorities when law and order is cited as
the reason. In the case in hand, the petitioner had been found indulging in
various kinds of nefarious activities in Gurgaon as he was permanent
resident of a village in District Gurgaon.
Having regard to the reasons given by the jail officials, no
ground for interference is made out.
The petition is dismissed.
August 8, 2008 ( AJAI LAMBA ) Kang JUDGE