Research › Search › Judgment

J&K High Court · body

2012 DIGILAW 33 (JK)

Mohammed Ayoub Dar v. State & Ors.

2012-02-04

MANSOOR AHMAD MIR

body2012
1. Petitioner has laid this motion with the prayer that respondents be directed not to shift the petitioner from Central Jail, Srinagar to any other jail outside the Valley on the grounds taken in the Civil Miscellaneous Petition. 2. It appears, that petitioner was facing trial before the Court of 3rd Additional Sessions Judge, Jammu (Designated Court for Jammu Province, J&K under (Prevention) Act, 1978) and came to be convicted and sentenced, and his lodgement was fixed in Central Jail, Kothbalwal Jammu vide Judgement dated 7th March, 2009. 3. It also appears, that vide Order No. 883 of 2009 dated 29th December, 2009, passed by Director General of Police, Prisons Department, J&K Srinagar, his lodgement came to be fixed in Central Jail, Srinagar and accordingly he was shifted to Srinagar and is presently serving the sentence in the said jail. 4. Petitioner has filed this writ petition, apprehending that respondents may change his lodgement and has sought writ of Mandamus against the respondents to release him on temporary basis in terms of provisions of Jammu and Kashmir Good Conduct Prisoners (Temporary Release) Act, 1978 read with Jammu and Kashmir Good Conduct Prisoners (Temporary Release) Rules which is pending adjudication. 5. Heard. 6. It it now known whether the respondents have withdrawn the order dated 29th December, 2009 and whether any order has been passed, whereby and where-under directions have been issued for shifting the petitioner to any other jail outside the Valley. 7. In the given circumstances, I deem it proper to direct the respondents to place on record the order, if any, passed and to file objections by or before the next date of hearing. 8. List in the next Regular cause list alongwith main petition. Meanwhile, respondents may not shift the petitioner from Central Jail, Srinagar to any other jail outside the Valley. 9. Registry to furnish copy of this order to Mr. Magray.