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2017 DIGILAW 292 (UTT)

SUNIL RATHI v. STATE OF UTTARAKHAND

2017-05-17

SUDHANSHU DHULIA

body2017
JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) 1. The petitioner is presently lodged in District Jail, Dehradun as he is presently undertrial in many cases and in one case, according to the learned Deputy Advocate General, he has been convicted for life imprisonment. 2. The petitioner has filed the present writ petition with the following prayers:- “1. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to shift/transfer the petitioner from District Jail Dehradun to any other jail as he is seriously apprehending threat of his life from the respondent Nos.3 & 4. 2. Issue any other order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case. 3. Award cost of the petition.” 3. Learned Deputy Advocate General – Mr. Raman Kumar Shah has apprised this Court that earlier as well, the petitioner had filed a writ petition before the Division Bench of this Court for the same relief, in which following orders were passed:- “Petitioner has approached this Court seeking the following reliefs:- i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to provide adequate safety and security to the petitioner. ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to shift/transfer the petitioner from District Jail Dehradun to any other jail as he is seriously apprehending threat of his life from the opponent groups/person. 2. So far as prayer no.2 regarding shifting/transfer the petitioner from District Jail Dehradun to any other jail is concerned, it is submitted by learned counsel for the petitioner that the petitioner has been transferred to another jail and thus he does not want to press prayer no.2. Prayer no.2 is dismissed as not pressed. As far as prayer no.1 is concerned, it is submitted by learned Deputy Advocate General that adequate security is being provided to the petitioner inside the jail. 3. Recording the said submission of learned Deputy Advocate General, the writ petition is closed.” 4. According to the learned State Counsel, the petitioner has again filed the present writ petition seeking the same prayer. 5. 3. Recording the said submission of learned Deputy Advocate General, the writ petition is closed.” 4. According to the learned State Counsel, the petitioner has again filed the present writ petition seeking the same prayer. 5. Having heard learned counsel for the petitioner and the learned State Counsel, this Court is of the considered view that as prayers as sought by the petitioner cannot be granted as a statement has been given in the Court by Mr. Raman Kumar Shah, learned State Counsel that all adequate measures have already been undertaken to protect the life of the petitioner. Furthermore, in case, the petitioner, as it is alleged, seems to be threatened by respondent Nos.3 & 4, the State Government if it thinks appropriate may consider taking appropriate measures. 6. Further allegation has been made by the petitioner that petitioner is not being allowed to make calls and to attend the cases. In case it is so, the Jailor concerned shall look into the matter and pass appropriate orders. 7. The writ petition has no merit and hence subject to the above observations, is dismissed in limine. 8. Let a certified copy of this order be supplied within twenty-four hours on the payment of usual charges.