IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.622 of 2008 SHIV GOPE Versus THE STATE OF BIHAR & ORS ----------- 5 30.9.2008 Heard the learned counsel for the petitioner and the State. The petitioner has prayed for issuance of appropriate direction for quashing the order dated 4.7.2008 whereby the Inspector General of Prison, Patna vide Memo No.3961 has shifted the petitioner from Ideal Central Beur Jail, Patna, to Central Jail Bhagalpur. The grievance of the petitioner is that on account of shifting him to Bhagalpur Central Jail, his trial in many cases which are pending in Patna has got delayed. Learned counsel for the petitioner submits that he has right for speedy trial. He further submits that no case is pending at Bhagalpur. Learned counsel for the State has filed counter affidavit alongwith Annexure-A which is order of I.G. Prison, Bihar. In the counter affidavit it is stated that on account of administrative exigencies the petitioner has been shifted to Bhagalpur Central Jail. He further submits that the petitioner was instigating other prisoners confined in the jail. In some of the cases this Court has observed that the State has the responsibility of ensuring speedy trial of the petitioner as well as for taking strict measures for ensuring peaceful 2 atmosphere in the jail also. While the right of a person to a speedy trial cannot be disputed, no prisoner can be allowed to threaten other prisoners or persons. If a prisoner threatens other prisoners or persons from the local jail he can be shifted temporarily to ensure that the security of other prisoners or persons. Such prisoners cannot claim right to speedy trial at the cost of life of others prisoners or persons whom they threaten taking advantage of being posted in local prison. Having considered the facts and circumstances of the case, this Court directs that the petitioner be shifted to Beur Jail by 17th of November, 2008 for facilitating his trials in various cases in which he is accused at Patna. However, in case the authorities find that continuance of the petitioner would be injurious to the health and life of other accused persons it would be open to them to proceed in accordance with law. With the aforesaid observation and direction this writ application is disposed of. Anilksinha (Samarendra Pratap Singh,J.)