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2012 DIGILAW 398 (JK)

Samiullah Sheikh v. State

2012-07-09

Mansoor Ahmad Mir

body2012
1. Petitioners have filed the writ petition, OWP No. 1292/2011, seeking a writ of mandamus commanding the respondents to shift/transfer them from Tihar Jail, New Delhi, to Central Jail, Srinagar, on the grounds taken in it. 2. Precisely, the case of the petitioners is that they are serving sentence in Tihar Jail, New Delhi in terms of an order of conviction and sentence passed by the trial court at Delhi. It is contended that they are also facing trial in an another case in the Court of Chief Judicial Magistrate, Sopore, Kashmir, in which connection the petitioners are required to be transported on and off from New Delhi to Sopore, Kashmir, but the respondents do not produce them in the said court regularly which is causing delay in the disposal the case against them. It is submitted that at present they are lodged in Central Jail, Srinagar, and it is prayed that they be directed not to be shifted back to Tihar Jail, New Delhi. 3. This Court, after considering the factual position, vide order dated 29.09.2011, passed in CMP No. 2046/2011 (in OWP No. 1292/2011), directed the respondents not to disturb the present lodgment of petitioners. Further, respondents were directed to consider their case for shifting them from Tihar Jail, Delhi to Central Jail, Kashmir. 4. Petitioners also laid a motion, CMP No. 2342/2011, seeking a direction to the respondents to shift petitioner no.2 to Central Jail, Srinagar, as he had to appear in 11th Class examination. This Court, accordingly, vide order dated 14.11.2011, directed the respondents to shift petitioner no.2 to Central Jail, Srinagar, for appearing in the said examination. 5. Thereafter, petitioners again laid a motion, CMP No. 82/2012, seeking a direction to the respondents not to shift them from Central Jail, Srinagar to any other jail outside the Valley. 6. After hearing the learned counsel on the application on 04.02.2012, no interim direction was passed. However, following question was framed: "The moot question for consideration is, whether this Court has jurisdiction to direct for change of lodgment which is fixed by the Court of competent jurisdiction while passing the judgment needs to be thrashed out." 7. Thereafter, petitioner filed a contempt application, COA No. 148/2012, before this Court, alleging therein that the respondents in breach of the directions passed by this Court in CMP No. 2046/2011 (supra) shifted petitioner no. l to Tihar Jail, New Delhi. Thereafter, petitioner filed a contempt application, COA No. 148/2012, before this Court, alleging therein that the respondents in breach of the directions passed by this Court in CMP No. 2046/2011 (supra) shifted petitioner no. l to Tihar Jail, New Delhi. 8. Orders were passed in the contempt petition and petitioners were shifted to Kot Bhalwal Jail, Jammu and, as on today, they are in the said Jail. 9. Mr. Qayoom argued that either the petitioners be lodged in any jail at Srinagar on the grounds taken in the writ petition or they be shifted back to Tihar Jail, New Delhi. 10. In the given circumstances, I am of the considered view that the respondents have not violated the directions of the Court in any way. Accordingly, the contempt petition merits to be dismissed. 11. Petitioners have also laid CMP Nos. 2046/2011, 2342/2011 and 82/2012 for grant of interim relief, which are still pending. 12. Though the petitioners were serving sentence in Tihar Jail, New Delhi, but, in order to ensure speedy trial before the Court of Chief Judicial Magistrate, Sopore, they, as on today, are lodged in Kot Bhalwal Jail, Jammu. Accordingly, I deem it proper to direct the respondents to consider the case of petitioners for lodging them at Central Jail, Srinagar or Sub Jail, Baramulla in order to ensure speedy trial. It is so ordered. 13. Accordingly, contempt petition is dismissed and CMP Nos. 2046/2011, 2342/2011 and 82/2012 stand disposed of. 14. List the writ petition in due course.