Prisoner Can't Be Transferred 800–1000 Km Away Without Reason, Causing Hardship To Family: Rajasthan High Court

The Rajasthan High Court has set aside the transfer of an undertrial from one jail to another which was 800-1000 Kms away from his residential town, opining that such transfer imposed an unreasonable and onerous burden on his family members by compelling them to travel such a long distance to meet him.

The bench of Justice Farjand Ali observed that compelling the petitioner's family to travel such a distance, without assigning any reason for such transfer, was wholly impracticable and unjust. Hence, the order was held to be unsustainable in law.

The petitioner was lodged in the Sri Ganganagar prison and was transferred to Dungarpur jail, without any grounds of security or administrative exigency, which was 800-1000 Kms away from his residential town. Hence, the petition was filed.

After hearing the contentions, the Court highlighted that there were far more accessible and geographically proximate options in case the transfer was necessary, however, the authorities chose to disregard the same. The Court stated,

“…petitioner's family members reside within the same city and belong to a modest socio-economic background. In such circumstances, expecting them to undertake long and arduous journeys merely to meet the petitioner would impose an unreasonable and disproportionate hardship. Requiring travel from Sri Ganganagar, situated at the western extremity of the State of Rajasthan, to Dungarpur in the southernmost region, is not only impractical but also unduly onerous.”

It was held that the order imposed an excessive and unjust burden on the petitioner's family, and hence, the order was liable to be quashed.

Accordingly, the transfer order was set aside.

Title: Sunil v State of Rajasthan & Ors.

Citation: 2026 LiveLaw (Raj) 72

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