JUDGMENT 1. 1. The petitioner is a prisoner serving sentence at Central Jail, Jaipur and from the record it appears that he has already served the sentence of 13 years and 9 months approximately. A prisoner, in our opinion, does not shed his basic constitutional rights at the prison gate. In he back drop of humanistic proposition that conviction of crime does not render one a non-person whose rights are subject to the whim of the prison administration, we proceed to decide the instant application. 2. It is contended in the application that the petitioner has been transferred from Central Jail, Jaipur to Central Jail, Jodhpur and this transfer is causing undue hardships to the family fox of the petitioner as he is native of District Baran and Jodhpur is very far from Baran. The petitioner made request to keep him at Jaipur, but it was not acceded. 3. The prayer of the petitioner in the instant writ petition is that a direction be issued to the respondents to repatriate the petitioner to Central Jail, Jaipur forthwith. The respondents submitted the reply to the writ petition with the averments that as per the decision taken by the State Government, the excess prisoners have been shifted from Central Jail, Jaipur. The Director General and Inspector General of Prisons (Rajasthan) vide letter dated June 14, 2006 issued a sanction of 93 prisoners/convicts on the basis of seniority and in pursuance of that order the petitioner was transferred to Central Jail, Jodhpur on July 9, 2006. The reply has been supported by an affidavit as well as list of 93 prisoners, who have been transferred from Central Jail, Jaipur to Central Jail, Jodhpur. 4. Pursuant to our directions, Superintendent, Central Jail, Jaipur has filed the affidavit stating therein that there are 16 prisoners still in Central Jail, Jaipur, who have undergone sentence for more than 5 years and 3 months and a list of such prisoners has been appended to he affidavit. Reasons for not transferring these 16 prisoners have been assigned in the affidavit. 5. In Mangu Khan & Ors. v. State of Rajasthan, 2002 (3) WLC (Raj.) 535 , Division Bench of this Court directed to transfer Mangu Khan from Central Jail, Bharatpur to District Jail, Alwar.
Reasons for not transferring these 16 prisoners have been assigned in the affidavit. 5. In Mangu Khan & Ors. v. State of Rajasthan, 2002 (3) WLC (Raj.) 535 , Division Bench of this Court directed to transfer Mangu Khan from Central Jail, Bharatpur to District Jail, Alwar. It was indicated in the said judgment that a prisoner has a right to life enshrined in Article 21 of the Constitution and it means something much more than just physical survival. Their Lordships of Supreme Court in Francis Coralie v. Union Territory of Delhi, AIR 1981 SC 746 indicated that as part of the right to live with human dignity a prisoner is entitled to have interviews with the members of his family and friends and no prison regulation or procedure laid down by prison regulation regulating the right to have interviews can be upheld as constitutionally valid unless it is reasonable, fair and just. 6. In Om Prakash v. State of Haryana, 1980 Supp. SCC 91 , the Apex Court observed as under: "It is represented by counsel for the appellant that the convict may be kept in the District Jail, Gurgaon so that his wife and child may be able to meet him occasionally. We think that in such cases human considerations are important and family ties must be preserved instead of dehumanising attitudes and distances being inflicted. We are sure the authorities will take his compassionate view and keep him in the District Jail Gurgaon." 7. In view of the fact that petitioner has already undergone sentence for more than 13 years and 9 months and his wife and family members are residing in District Baran, which is near to Central Jail, Jaipur, we direct the respondents to transfer the petitioner from Central Jail, Jodhpur to Central Jail, Jaipur forthwith. 8. The application stands allowed, as indicated hereinabove. 9. A copy of this order be sent by Fax to Superintendent Central Jail, Jodhpur for immediate compliance. 10. We have received a letter dated November 13, 2006 from the prisoners of District Jail, Baran. 11. Dy. Registrar (Judi.) is directed to remit the photo stat as well as typed copy of the letter to DGP (Prison) Rajasthan. 12. DGP (Prison) Rajasthan is directed to make enquiry in regard to the complaints made in the letter forthwith and furnish his report alongwith the affidavit of competent officer on December 13, 2006.
11. Dy. Registrar (Judi.) is directed to remit the photo stat as well as typed copy of the letter to DGP (Prison) Rajasthan. 12. DGP (Prison) Rajasthan is directed to make enquiry in regard to the complaints made in the letter forthwith and furnish his report alongwith the affidavit of competent officer on December 13, 2006. 13. Superintendent District Jail, Baran shall appear in this Court on December 13, 2006.Put up on December 13, 2006.Application and petition allowed. *******