Research › Search › Judgment

Bombay High Court · body

2001 DIGILAW 868 (BOM)

Sadashiv Seena Salian v. State of Maharashtra

2001-10-15

R.S.MOHITE, VISHNU SAHAI

body2001
JUDGMENT - VISHNU SAHAI, J.:---Heard learned Counsel for the parties. 2. Rule. By consent, rule made returnable forthwith. 3. Grievance of the petitioner's Counsel is that the petitioner who is in Arthur Road Central Prison, Bombay, since 1998 and who was initially lodged in Cell No. 7/4 AP has been transferred to high security yard cell on 19-7-2001 and the said transfer order has been made in derogation of the provisions contained in Maharashtra Prison Manual, section 2, Non-statutory Rules, Rule 1, Clause 1 wherein it is provided that a prisoner sought to be punished shall be afforded hearing before punishment is meted out to him. The learned Additional Public Prosecutor does not dispute that no formal hearing was afforded to the petitioner before he was transferred. 4. In such a factual matrix, in our view, prima facie the impugned order is in violation of principles of natural justice and cannot be sustained in law. 5. In the circumstances, we quash it and forthwith direct the Superintendent, Arthur Road Central Prison, Bombay to shift the petitioner from the place of his confinement to another place. We also direct the Superintendent, Arthur Road Central Prison, Bombay to issue notice to the petitioner in accordance with law within a period of one week from today and then pass such orders as he deems fit and appropriate in law. 6. Rule is made absolute in the said terms. A true copy of this order duly attested by the Court Sheristedar shall be handed over to the Additional Public Prosecutor who shall hand over the same to the Mr. M.M. Inamdar, Jailor Group II, Arthur Road Central Prison, Bombay who is present in Court today. Petition allowed. -----