Gujarat High Court Dismisses Plea Against Prison Transfer of Former IPS Officer

Court Upholds State's Administrative Discretion on Prison Transfers, Citing No Breach of Fundamental Rights

In a significant judgment, the Gujarat High Court has dismissed a petition filed by Shweta Sanjiv Bhatt, wife of the former Indian Police Service officer Sanjiv Rajendra Bhatt, seeking to prevent the transfer of her husband from Palanpur District Jail to another facility. The court, presided over by Justice Hasmukh D. Suthar, emphasized that prisoners do not possess an absolute right to choose their place of detention, which remains an administrative decision under the purview of the State authorities.

The petition filed under Article 226 of the Constitution of India challenged the State's decision to transfer Mr. Bhatt, who is serving a life sentence for murder, alongside a conviction under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, from Palanpur Jail to Rajkot Central Jail. The petitioner argued that such a transfer would pose difficulties for family visits and alleged potential vindictiveness by the State machinery.

The court, however, clarified that the administration and management of detention facilities, including the transfer of prisoners, are governed by the Prisons Act, 1894, and related rules and regulations. It stated that Rule 9 of the Gujarat Prison (Removal of Prisoners) Rules, 1976, concerning the transfer of prisoners pending appeal, was not applicable in this case since Mr. Bhatt is no longer an under-trial prisoner.

The court further noted that the transfer decision was aligned with state policies, which classify where convicts should be detained based on the nature of their crimes and other administrative considerations. The judgment highlighted that maintaining discipline, peace, and the safety of prisoners is a responsibility of the prison authorities and State Government.

Citing precedents from the Supreme Court, the judgment reiterated that the transfer of prisoners does not breach fundamental rights when conducted for administrative reasons. The plea to prevent Mr. Bhatt's transfer was not entertained, affirming the State's authority in managing prison administration without arbitrary or mala fide intentions.

The court concluded that no case was made to issue any direction preventing the transfer, thereby dismissing the petition along with the connected miscellaneous application.

Bottom Line:

Prisoners do not have an absolute right to choose the place of detention. The place of detention is an administrative decision of the State, governed by the Prisons Act, 1894, and related rules and regulations.

Statutory provision(s): Prisons Act, 1894, Gujarat Prison (Removal of Prisoners) Rules, 1976, Article 226 of the Constitution of India.

Shweta Sanjiv Bhatt v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2799956