Prisoner Transfer Upheld: Supreme Court Settles Intra-State Jail Dispute


Court: Supreme Court of India.

Case Name: THE STATE OF JHARKHAND vs. VIKASH TIWARY @ BIKASH TIWARY @ BIKASH NATH.

Citation: 2025 INSC 79 (Reportable)

Introduction

This judgment addresses an appeal by the State of Jharkhand against a High Court order that had nullified the transfer of a convict, Vikash Tiwary, from one jail to another within the state. The Supreme Court’s decision clarifies the powers of prison authorities to transfer inmates, the rights of prisoners, and the importance of effective prison administration. The ruling emphasizes the need to balance maintaining security, rehabilitating prisoners, and protecting their rights under Article 21 of the Indian Constitution. The court recognized prisons as the ‘tailend’ of the criminal justice system.

Background of the Case

Vikash Tiwary was serving a life sentence for murder and other offenses. He had been an undertrial prisoner from 2015 to 2020. The Inspector General of Prisons, Jharkhand, ordered his transfer from Lok Nayak Jai Prakash Narayan Central Jail, Hazaribagh, to Central Jail, Dumka, citing administrative reasons. The High Court of Jharkhand quashed the transfer order, relying on a previous High Court order and a character certificate issued by the Hazaribagh Jail Superintendent, stating that Tiwary had a satisfactory character. The State contended that Tiwary was a notorious gangster, the transfer was needed to maintain peace in the prison, and that Tiwary concealed his criminal history. Tiwary argued that the transfer violated principles of natural justice and was a threat to his life.

Key Arguments

State's Arguments

The State of Jharkhand argued that the transfer was necessary because of a potential gang war between Tiwary and another criminal, Aman Singh, and because of insufficient prison staff. The transfer was based on recommendations from the Jail Superintendent and District Commissioner, and aligned with Section 29 of the Prisoners Act, 1900, and Rule 770(b) of the State Jail Manual. The state noted that Tiwary had 10 FIRs registered against him while in prison. The Inspector General of Prisons transferred Tiwary to protect his life and ensure prison security.

Respondent's Arguments

Tiwary argued that the transfer order was issued without giving him a hearing and was made with mala fide intent. He also argued that he had a satisfactory character as per the jail superintendent’s report, and that as an undertrial in other cases, transfer to a distant jail would impact his ability to defend himself. Tiwary cited the death of another prisoner who was transferred out of the same prison, alleging a threat to his life. He claimed the transfer was suspicious as the Jail Superintendent issued a character certificate after the transfer order.

Supreme Court's Analysis

Validity of Transfer

The Supreme Court held that the transfer order by the Inspector General of Prisons was valid under Section 29 of the Prisoners Act, 1900 and Rule 770(B) of the State Jail Manual. These provisions allow for the transfer of prisoners for reasons such as security and prison administration. The court clarified that while this discretion is vested in the authorities, it cannot be exercised arbitrarily.

Relevance of Conviction Status

The Court distinguished the case from prior cases cited by the High Court, noting those cases involved undertrial prisoners, while Tiwary was a convicted prisoner. The court pointed out that Section 29 empowers the transfer of prisoners confined under various circumstances, including life convicts. The court stated that undertrials have a right to defend themselves in pending cases, and therefore, the distance of transfer is a relevant consideration, which was not applicable in this case.

Rejection of Character Certificate

The Court found the character certificate issued by the Jail Superintendent contradictory to his earlier letter recommending transfer due to security concerns. The court noted that the certificate was issued after the transfer order was already made, and the fact that Tiwary was charged in 10 FIRs while in prison made the certificate unreliable. The Supreme Court observed that the Jail Superintendent's communication dated 16.05.2023, specifically highlighted the threat of gang war due to the presence of Tiwary and Aman Singh. This was a critical factor in the transfer decision, and the subsequent character certificate could not negate the earlier concerns expressed.

Prison Security vs. Prisoner Rights

The Court balanced the need for prison security with the rights of prisoners, emphasizing that while a prisoner’s liberty is curtailed, their human dignity must be maintained. The court said it is essential to continuously monitor the physical conditions prevailing in the prison and to ensure compliance with basic and fundamental rights of the prisoners. The judgement also highlighted the importance of jail discipline and noted that the right of a prisoner to be lodged in a certain jail is not absolute.

Administrative Decision

The Court affirmed that the transfer of a convict prisoner is primarily an administrative decision and should not be interfered with by courts unless it is arbitrary or unlawful. The court cited Geerinder Kaur v. State of Punjab and State of Maharashtra v. Sayyed Noor Hasan Gulam Hussain, noting that the place of detention is a matter for the administrative choice of the detaining authority and that the classification of prisoners is a relevant policy decision.

Supreme Court's Ruling and Directions

The Supreme Court overturned the High Court’s order, thereby upholding the original transfer order of the Inspector General of Prisons. The Court directed that Tiwary's life and fundamental rights be protected as per the law and also directed the State of Jharkhand to formulate a Jail Manual that incorporates the relevant provisions of the 2016 Model Prison Manual. The court took judicial notice that this matter is pending before the Jharkhand High Court.

Rationale, Reasoning given by the Judges

The Supreme Court's reasoning was primarily based on the need to maintain prison security and the administrative powers of the Inspector General of Prisons. The court emphasized the following points:

  • Section 29 of the Prisoners Act, 1900: The court clarified that this section empowers the Inspector General of Prisons to transfer prisoners within the State based on administrative and security reasons.
  • Rule 770(B) of the State Jail Manual: The court stated that this rule further empowers the Inspector General to transfer prisoners for sufficient reasons.
  • Security Concerns: The court recognized the genuine threat of a gang war and the practical challenges faced by the prison administration with insufficient staff, thus validating the transfer order.
  • Administrative Decisions: The court reiterated that prison transfers are primarily administrative decisions, and judicial intervention should be limited.
  • Distinction Between Undertrials and Convicts: The court differentiated between the legal position of undertrial prisoners and convicted prisoners, highlighting that the rights and considerations are different.
  • Relevance of the Model Prison Manual 2016: The court highlighted the necessity of implementing the 2016 Model Prison Manual, directing the State of Jharkhand to incorporate its provisions into their own Jail Manual.
  • Discipline in Prison: The court also observed that both undertrial and convicted prisoners are subject to internal prison discipline and that fundamental rights are subject to reasonable restrictions. The court cited Kalyan Chandra Sarkar v. Rajesh Ranjan to emphasize that a prisoner disobeying the law could not claim immunity from transfer due to non-compliance with jail manuals.

Excerpt, important quotes from the decision

  • “The degree of civilization in a society can be judged by entering its prisons”.
  • "Prisons are considered as the ‘tailend’ of the criminal justice system".
  • "The prison administration needs to be reformed for creating a better environment and prison culture to ensure the prisoners enjoy their right to dignified life under Article 21".
  • "…transfer of convict prisoner from one prison to another is purely an administrative decision and hence, the same cannot be interfered with by the court unless it is arbitrary and contrary to law.".
  • "That transfer of an undertrial to a distant prison may adversely affect his right to defend himself but also isolate him from the society of his friends, and relations".
  • "…a convict or an undertrial who disobeys the law of the land, cannot contend that it is not permissible to transfer him from one jail to another because the Jail Manual does not provide for it".
  • "…the place of detention is a matter for the administrative choice of the detaining authority and a court would be justified in interfering with that decision only if it was in violation of any specific provision of the law or was vitiated by arbitrary considerations and mala fides”.

Points to Remember

  • Prisoner Transfers: Intra-state transfers are permissible for security and administrative reasons under Section 29 of the Prisoners Act, 1900 and relevant state jail manuals.
  • Administrative Discretion: The Inspector General of Prisons has the power to transfer prisoners, but this discretion must be exercised judiciously and not arbitrarily.
  • Convicted vs. Undertrial Prisoners: The transfer of convicted prisoners is treated differently from undertrial prisoners.
  • Prison Security: The safety and security of the prison environment are paramount concerns.
  • Prisoner Rights: While prisoners lose their liberty, their human dignity and basic rights under Article 21 of the Constitution must be protected.
  • Jail Discipline: Prisoners are bound to maintain internal prison discipline.
  • Model Prison Manual: States should incorporate the provisions of the 2016 Model Prison Manual into their jail manuals.
  • Judicial Intervention: Courts should be cautious when intervening in administrative decisions regarding prison transfers.
  • Importance of Evidence: The court stressed that any decision regarding prisoner transfer must be based on evidence and logical reasoning, not merely on routine procedures.

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