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'Individual Convict Can Seek Jail Transfer': Allahabad HC Dismisses Plea Seeking Transfer Of Women Convicts To Jails With Women Barracks

Sparsh Upadhyay
9 Jan 2021 11:24 AM GMT
Individual Convict Can Seek Jail Transfer: Allahabad HC Dismisses Plea Seeking Transfer Of Women Convicts To Jails With Women Barracks
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The Allahabad High Court on Tuesday (05th January) dismissed a plea seeking transfer of women convicts from Central Jail Naini, Prayagraj to District Jail Sonbhadra and District Jail Mirzapur as these Jails are now equipped with women barracks. At the outset, the Court, in its order, noted that the prayer made in the writ petition couldn't be said to be in public...

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The Allahabad High Court on Tuesday (05th January) dismissed a plea seeking transfer of women convicts from Central Jail Naini, Prayagraj to District Jail Sonbhadra and District Jail Mirzapur as these Jails are now equipped with women barracks.

At the outset, the Court, in its order, noted that the prayer made in the writ petition couldn't be said to be in public interest "because transfer of convict from one jail to another always remains on the request of the convict."

Noting that, a direction to transfer all women convicts from one jail to another cannot be given without their request to this effect, the Bench of Justice Munishwar Nath Bhandari and Justice Rohit Ranjan Agarwal said,

"(Whenever) a convict has difficulty to remain in a particular jail, (he/she could) seek transfer to other jail after giving cogent reasons and in those circumstances, the State is competent to transfer a convict from one jail to another."

Taking into consideration the above-mentioned procedure, the plea was said to be not maintainable for the cause

"Present writ petition is not maintainable for the cause and cannot be without requests of the women convicts for their transfer, thus, the writ petition is dismissed", said the Court.

However, the Court granted the liberty to an individual woman convict to make a request for transfer from one jail to another, after giving cogent reasons.

The Court also said that in that case (if a woman convict makes such a request) the government authority in the State of U.P. would consider the application appropriately.

The Court also directed that if the state finds substance in the request, it "would transfer the woman convict from the Central Jail, Naini to the District Jail at Sonebhadra or Mirzapur."

Case title - Marry Puncha (Sheeb Jose) v. State Of U.P. And 4 Others [Public Interest Litigation (PIL) No. - 1 of 2021]

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