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
- 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.
- Whether Saeed Sohail Sheikh and an earlier High Court order made while the respondent was an undertrial governed his transfer as a convict.
- Whether a later character certificate from the Jail Superintendent made the transfer unsustainable.
- Scope of judicial review of a prisoner's intra-State transfer.
Provisions considered
- Section 29, Prisoners Act, 1900Sub-section (2) lets the Inspector General, subject to the State Government's orders and control, remove a prisoner confined under sentence (among the categories in sub-section (1)) to any other prison in the State; the respondent, a life convict, fell within it and the transfer on administrative grounds was lawful, the discretion being not to be exercised arbitrarily. (¶¶ 11, 12, 13)
- Rule 770(B), Jail Manual, 1925 (Bihar, as adopted by Jharkhand)Preserves the Inspector General's discretion, for sufficient reason, to direct that prisoners be confined in or transferred to any jail; read with Section 29 it supported the transfer. (¶ 11)
- Article 21, Constitution of IndiaA prisoner's right to be lodged in a particular jail and not be moved to a distant one is not absolute and is subject to jail discipline; prisoners nonetheless retain their dignity and basic rights, which the authorities were directed to protect. (¶¶ 15, 17.2, 18)
- Rule 9.01(vii) of the Manual; safe custody and transfer provision of the 2023 Act, Model Prison Manual, 2016 and Model Prisons and Correctional Services Act, 2023Referred to as recognising security as a ground of transfer and empowering the head of prisons to transfer a prisoner within the State; Jharkhand directed to frame a Jail Manual incorporating the 2016 Manual. (¶¶ 14, 17.3, 18)
Held
- Section 29 of the Prisoners Act, 1900 read with Rule 770(B) of the Jail Manual empowers the Inspector General of Prisons, subject to the State Government's control, to transfer a convicted prisoner from one prison to another in the State; the discretion must not be exercised arbitrarily. The transfer of the respondent, a life convict, on the jail authorities' report of a threatened gang war and shortage of guards was in accordance with law. (¶¶ 9, 11, 16)
- The High Court wrongly relied on Saeed Sohail Sheikh, which concerned undertrial prisoners, and on its own 2016 order made when the respondent was an undertrial; neither applied to him as a life convict. (¶ 12)
- The Jail Superintendent's character certificate of 19.05.2023, issued after the transfer order and after his own letter of 16.05.2023 reporting the gang war threat, did not deny that threat, was contradictory and could not be relied on, particularly as multiple FIRs were registered against the respondent while in custody. (¶ 13)
- The place of confinement is a matter of administrative choice; transfer of a convict is an administrative decision that courts may interfere with only if it violates law or is arbitrary or mala fide, and a prisoner's Article 21 right against transfer to a distant jail is not absolute but subject to jail discipline. (¶¶ 14, 15)
- Transfers are not to be routine and must be approached with circumspection, but here the imminent risk of gang violence and insufficient guards made the transfer a rational, non-arbitrary measure needed for prison security and the respondent's own safety. (¶ 16)
- Prisoners lose liberty but retain human dignity and basic rights; given the unclear state of prison administration in Jharkhand, the State was directed to frame or expedite a Jail Manual based on the Model Prison Manual, 2016. (¶¶ 17.2, 17.3, 18)
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.