Prisoners Act, 1900 – s.29 – State Jail Manual, 1925 – Rule 770(b) – The Respondent herein was convicted for offences u/ss.302/120-B/34, 353/34, 341/34 of the Penal Code, 1860; ss.25(1-A), 26/35, 27(2) of the Arms Act, 1959 r/w. ss.3/4/5 of the Explosive Substances Act, 1908, and was sentenced to undergo life imprisonment – Inspector General of Prisons by memo dated 17.05.2023 transferred him from Lok Nayak Jai Prakash Narayan Central Jail, Hazaribagh, to the Central Jail, Dumka – Respondent filed writ petition before the High Court – The High Court set aside the order of transfer dated 17.05.2023 – Correctness:
Held: In the instant case, the Jail superintendent by letter dated 16.05.2023 expressed apprehension of gang war/untoward incident in the prison, due to the presence of two notorious criminals; and insufficient kachpals to maintain them, which pose a challenge to the prison administration and hence, made intra-State transfer request, so as to ensure the safety of the prison – Based on the apprehension so raised, the Inspector General of Prisons by exercising his powers conferred u/s.29 of the Prisoners Act, 1900 and the applicable rules, transferred the respondent to another jail within the State, for security of the prison and to ensure the life and safety of the respondent in the prison – The transfer so made was in accordance with law – There is a duty on the Inspector General of Prisons to ensure the safety of all the inmates in the prison – This measure was essential to ensure not only the safety of the prisoner but also to disrupt and neutralize the potential for gang-related violence within the prison – Such decision of shifting the respondent was only in the larger interest of maintaining security of the prison – There is a profound rational behind the decision and therefore, such decision does not suffer from the vice of arbitrariness – Thus, the transfer of the respondent to some other jail is not only lawful, but also necessary for his safety and security – The High Court erred in setting aside the order of transfer dated 17.05.2023 – Thus, the order of the High Court is set aside and the order/memo dated 17.05.2023 stands restored. [Paras 13, 16]
Model Prisons and Correctional Services Act, 2023 – Rule 35 – Prison Manual 2016 – Chapter IX – Rule 9.01 (vii) – Discussed. [Para 14]
Constitution of India – Art.21 – Rights of prisoners – Reforms and rehabilitation of the prisoners:
Held: The prison administration needs to be reformed for creating a better environment and prison culture to ensure the prisoners enjoy their right to dignified life under Article 21 – It is essential to continuously monitor the physical conditions prevailing in the prison, compliance with basic and fundamental rights of the prisoners, etc. – The State recognizes that a prisoner loses his right to liberty but still maintains his right to be treated as a human being and as person – His human dignity shall be maintained and all basic amenities should be made available to him – Discipline and order shall be maintained with firmness, but with no more restriction than is necessary for safe custody and well-ordered community life, with due regard to the maintenance of the rights of prisoners – Thus, the objective of reforms and rehabilitation of the prisoners has to be pursued diligently. [Para 17.2]
Model Prisons and Correctional Services Act, 2023 – Prison Manual 2016 – Direction issued:
Held: The State of Jharkhand directed to formulate or expedite the formulation of a Jail Manual incorporating the applicable provisions of the 2016 Model Prison Manual, for effective prison administration and ensure its strict compliance by the prison authorities. [Para 18(iii)]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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