Page No. 1/4 vs The State Of Assam And 6 Ors
2023 Latest Caselaw 2319 Gua

                                                                  Page No. 1/4

GAHC010098622021




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/3234/2021

         KHODA TAGIA AND 4 ORS.
         AC/2486 LODGED IN THE DISTRICT JAIL,NORTH LAKHIMPUR, ASSAM,
         S/O LATE KHODA EYA
         VILLAGE LOTH. PS ZIRO DIST LOWER SUBANSIRI
         ARUNACHAL PRADESH

         2: SRI TAI NAGAMDIR
         AC/2725
          LODGED IN THE DISTRICT JAIL
         NORTH LAKHIMPUR
         ASSAM
          S/O LATE KARGO NGOMDIR
         VILLAGE NAGAMDIR
          PS AALO
          DIST WEST SIANG
         ARUNACHAL PRADESH

         3: SRI DIL BAHADUR PRADHAN
         AC/2535
          LODGED IN THE DISTRICT JAIL
         NORTH LAKHIMPUR
         ASSAM
         S/O LATE BIJAN LAL PRADHAN VILL. SAW MILL (TAJEP KHETI) PASIGHAT
         6 KMS SOUTH WEST PS PASIGHAT
          DIST WEST SIANG
         ARUNACHAL PRADESH

         4: SRI HASTHA BAHADUR RAI
         AC/2487
          LODGED IN THE DISTRICT JAIL
         NORTH LAKHIMPUR
         ASSAM
          S/O LATE MONDAS RAI
         PAI GATE CO HAGE SARA
                                                      Page No. 2/4

PS ZIRO
LOWER SUBANSIRI
ARUNACHAL PRADESH

5: SRI OBINO MANDAL
AC/2322
 LODGED IN THE DISTRICT JAIL
NORTH LAKHIMPUR
ASSAM
 @ABEL MANDAL @ RAMU
S/O LATE SURYA MANDAL @ DASRU VILLAGE SURYA CAMP(RAGA) PS
ZIRO
 DIST LOWER SUBANSIRI
ARUNACHAL PRADES

VERSUS

THE STATE OF ASSAM AND 6 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, HOME AND
POLITICAL DEPARTMENT, DISPUR GUWAHATI 781006, KAMRUP M ASSAM

2:THE INSPECTOR GENERAL OF PRISONS ASSAM
ASSAM PRISON HEADQUARTERS
 KHANAPARA
 GUWAHATI 781022
ASSAM

3:THE STATE OF ARUNACHAL PRADESH
 REPRESENTED BY THE SECRETARY TO THE GOVT. OF ARUNACHAL
PRADESH PRISONS AND CORRECTIONAL ADMINISTRATION
 CIVIL SECRETARIATE
 ITANAGAR
 791111

4:THE INSPECTOR GENERAL OF PRISONS
ARUNACHAL PRADESH
 DIRECTORATE OF PRISONS AND CORRECTIONAL ADMINISTRATION
 JULLY VILLAGE
 ITANAGAR
 791113

5:THE SUPERINTEDENT
 DISTRICT JAIL
 NORTH LAKHIMPUR
ASSAM
 NORTH LAKHIMPUR
ASSAM
                                                                                      Page No. 3/4

            6:ASSAM STATE LEGAL SERVICE AUTHORITY
             REPRESENTED BY ITS MEMBER SECRETARY
            ADJACENT TO GAUHATI HIGH COURT NEW BLOCK
             GHY 01

            7:ARUNACHAL PRADESH STATE LEGAL SERVICES AUTHORITY
             CHIEF MINISTER'S OLD OFFICE BUILDING
             NITI VIHAR
             DIST PAPUMPARE
             ITANAGAR
             791111
            ARUNACHAL PRADES



Advocate for the Petitioner   : MRS. R S CHOWDHURY

Advocate for the Respondent : GA, ASSAM


                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                            ORDER

Date : 02.06.2023

Heard Mr. D.K. Bhattacharya, learned counsel for the petitioner; Mr. C.K.S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 1, 2 & 5; Mr. B.D. Goswami, learned Additional Senior Government Advocate, Arunachal Pradesh assisted by Mr. A. Chanda, learned Additional Senior Government Advocate, Assam for the respondent nos. 3 & 4.

2. The petitioners, 5 [five] in nos., have preferred this writ petition seeking their transfer from a prison in the State of Assam to a prison in the State of Arunachal Pradesh in terms of the provisions contained in Section 3 of the Transfer of Prisoners Act, 1950. It is projected that the petitioners are convicts, who are undergoing sentences pursuant to judgments rendered by different courts in the State of Arunachal Pradesh. When a request was made from the end of the Inspector General of Prisons, Assam to the Inspector General of Prisons, Arunachal Pradesh by his letter bearing no. PRI.211/2005/92 dated 13.10.2016 for acceptance or otherwise of the convicts for transfer from District Jail, North Lakhimpur to a Page No. 4/4

prison in the State of Arunachal Pradesh, the said request was declined by the Inspector General of Prisons, Arunachal Pradesh by a letter bearing no. DG/J-33/2010 dated 11.11.2016 on the premise that District Jail, Jully, Itanagar was overcrowded at that point of time. The said decision was conveyed about 7 [seven] years earlier. The prison infrastructure in the State of Arunachal Pradesh might have undergone changes with increase in capacity, etc. Notwithstanding the earlier observation made in the year 2016, it appears appropriate for the competent authority in the State of Arunachal Pradesh to revisit the earlier decision as regards transfer of the convicts, who are undergoing sentences after their conviction rendered by judgments of the courts in Arunachal Pradesh, from District Jail, North Lakhimpur to any prison in the State of Arunachal Pradesh as on date.

3. In such view of the matter, Mr. Goswami, learned Additional Advocate General, Arunachal Pradesh shall obtain fresh instruction as regards transfer of the prisoners as there appears to be an approval already for such transfer from the end of the prison authorities in Assam.

4. Mr. Bhattacharya, learned counsel for the petitioner has submitted as per Prison Statistics - India 2021 published by the National Crime Records Bureau, Ministry of Home Affairs, Government of India, the occupancy rate [in percentage] in all prisons in the State of Arunachal Pradesh was 75.4% as on 31.12.2021.

5. List the case on 26.06.2023, as requested by Mr. Goswami, learned Additional Advocate General, Arunachal Pradesh for further instructions in the matter.

JUDGE

Comparing Assistant