Sushil Gurjjar @ Sushil Chaudhary v. State of Uttarakhand
2016-10-06
U.C.DHYANI
body2016
DigiLaw.ai
JUDGMENT : U.C. Dhyani, J. By means of present criminal writ petition, the petitioner seeks following reliefs, among others:- i. Issue a writ, order or direction in the nature of certiorari after calling the record and to quash the order dated 29.09.2016, passed by the respondent no. 2, whereby the petitioner has been shifted to District Jail, Dehradun from Sub jail Roorkee, District Haridwar. ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to take appropriate action in pursuance of the order dated 01.09.2016, passed by learned II Addl. Sessions Judge, Roorkee, District Haridwar. 2. The basic contention of the petitioner is that he is currently detained in sub jail Roorkee, but by way of passing the order impugned, he is being shifted from sub jail Roorkee, Haridwar to District Jail, Dehradun. 3. Learned Brief Holder for the State submitted that it is the prerogative of the State Government to send any detenue in any jail and, in the instant case, although no reasons was assigned by the Inspector General (Prisons), but it has been indicated therein that the said order is being passed on administrative grounds. According to learned Brief Holder for the State, mere mentioning the fact that the detenue is being shifted on administrative grounds is enough to sustain the order under challenge. 4. After arguing the writ petition at some length, learned counsel for the petitioner confined his prayer only to the extent that respondent no. 2 may kindly be directed to decide the representation of the petitioner at an early date. Learned Brief Holder for the State responded that the State has no objection if a direction is given to respondent no. 2 to decide such representation of the petitioner by a reasoned and speaking order, in accordance with law. 5. Without commenting upon the merits of the order under challenge, writ petition is disposed of by directing the petitioner to make a representation to respondent no. 2 within a week. Thereafter, on receiving such a representation, respondent no. 2 shall decide the same in accordance with law, at an earliest possible.