Supreme Court Directs Jharkhand Govt To Bring Out Prison Manual In Accordance With 2016 Model Prison Manual

The Supreme Court today (January 17) allowed an appeal by the State of Jharkhand for the transfer of a prisoner from one jail in Jharkhand to another on grounds that the prisoner was involved in a gang war and there was apprehensive about the right to life. The Court also directed the Jharkhand Government to bring a Jail Manual incorporating the provisions of the Model Prison Manual 2016.A bench of Justices J.B. Pardiwala and R. Mahadevan set aside the order passed by the Jharkhand High Court dated August 21, 2023, wherein the High Court had set aside the order passed by the I.G. Prison, Jharkhand, for the transfer of the Respondent from Lok Narayan Jai Prakash Narayan Central jail, Hazaribagh to Central Jail Dumka.The judgment authored by Justice Mahadevan also states: "Authorities shall ensure that the Respondent's fundamental rights available in ensured in accordance with law are ought to be protected. State of Jharkhand formulate or expedite the formulation of Jail Manual incorporating the applicable provisions of the 2016 Model Prison Manual for effective prison administration and ensure its strict compliance by the prison authorities. Appeal stands allowed."As per brief facts, an order passed for his transfer to Dumka jail was challenged by the Respondent before the High Court and accordingly quashed. But again an administrative order was passed. The State argued that there are apprehensive of a gang war between the petitioner and other groups and that is why, in the administrative side, the State has decided to transfer the petitioner to Dumka Jail. Through an order, the High Court in 2023 granted the status quo. In the final order passed on August 21, the High Court found that, unlike the argument of gang war made by the State, the letters submitted by the Superintendent of Hazaribag jail disclosed that the character of the petitioner was satisfactory and that he had been languishing in jail for more than 7.5 years.After perusing Section 29 of the Prisoners Act, 1900, the Court held that the said provision allows removal of any prisoner only at the instance of State Government in cases where the prisoner is under death sentence, or under, or in lieu of, a sentence of imprisonment or transportation, or in default of payment of a fine, or in default of giving security for keeping the peace or for maintaining good behaviour, to any other prison in the State.Finding that an earlier order for transfer was quashed and that the affidavit issued by the Superindentent of Hazaribagh jail says otherwise on the conduct of the petitioner, the High Court quashed the transfer order. Case Details: THE STATE OF JHARKHAND AND ORS vs VIKASH TIWARY @ BIKASH TIWARY @ BIKASH NATH., SLP(Crl) No. 17026/2024Citation : 2025 LiveLaw (SC) 78Click here to read the judgment

Supreme Court Directs Jharkhand Govt To Bring Out Prison Manual In Accordance With 2016 Model Prison Manual

Gursimran Kaur Bakshi

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