The Supreme Court held that the transfer of a prisoner from one jail to another is an administrative decision. Therefore, Courts must interfere in the matter sparingly. A decision to transfer a prisoner is not arbitrary if a profound rationale supports it.
The respondent, Vikash Tiwary, a gangster, was serving life imprisonment at Lok Nayak Jai Prakash Narayan Central Jail, Hazaribagh. A memo directed his transfer to Central Jail, Dumka, after the Jail Superintendent of the Hazaribagh jail requested it. The letter stated that the presence of another notorious prisoner, Aman Singh, posed a risk of gang war within the prison premises. Tiwary argued that the apprehension of a gang war was unfounded and the transfer was carried out with a mala fide intention. Further, as he was an undertrial in a few cases, the transfer would prejudice his right to defend himself. The Jharkhand High Court had found merit in Tiwary’s claims and had set aside the transfer order.
The Supreme Court disagreed with the High Court’s judgement. It examined Section 29 of the Prisoners Act, 1900, and Rule 770(B) of the Jharkhand State Jail Manual, 1925, which permit the removal and transfer of a convicted prisoner, respectively. It also observed that a transfer citing security reasons is valid under the Prison Manual, 2016 and the Model Prisons and Correctional Services Act, 2023. The imminent possibility of a gang war was held to be a substantial rationale to recommend the transfer of a prisoner. It directed the state of Jharkhand to incorporate provisions of the 2016 Manual within its state manual for effective prison administration.
State of Jharkhand v Vikash Tiwary @ Bikash Tiwary @ Bikash Nath
17 January 2025
Citations: 2025 INSC 79 | 2025 SCO.LR 1(3)[13]
Bench: Justices J.B. Pardiwala and R. Mahadevan
Case Comment
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]
Key words/phrases: Transfer of prisoner on grounds of security—valid—administrative decision—Prisoners Act 1900—Jharkhand State Manual, 1925—Prison Manual 2016
Read the Judgement here.
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