VidhiSangh

Supreme Court of India · 16/01/2025

THE STATE OF JHARKHAND & OTHERS versus VIKASH TIWARY @ BIKASH TIWARY @ BIKASH NATH

[2025] 2 S.C.R. 63 · 2025 INSC 79

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Summary

The Supreme Court restored an order of the Inspector General of Prisons transferring a life convict from Hazaribagh Central Jail to Dumka Central Jail on the jail authorities' apprehension of a gang war, holding that transfer of a convict is an administrative decision under Section 29(2) of the Prisoners Act, 1900, open to interference only if arbitrary or illegal, and directed Jharkhand to frame a Jail Manual based on the Model Prison Manual, 2016.

Issues

  1. Whether the Inspector General of Prisons could transfer a life convict to another jail within the State on the ground of a threatened gang war and shortage of guards.
  2. Whether Saeed Sohail Sheikh and an earlier High Court order made while the respondent was an undertrial governed his transfer as a convict.
  3. Whether a later character certificate from the Jail Superintendent made the transfer unsustainable.
  4. Scope of judicial review of a prisoner's intra-State transfer.

Provisions considered

Held

Result

Appeal allowed; High Court order dated 21.08.2023 set aside and the transfer memo dated 17.05.2023 restored; authorities directed to protect the respondent's life and basic rights; State of Jharkhand directed to frame or expedite a Jail Manual incorporating the 2016 Model Prison Manual and ensure compliance.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 63.