IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.6 of 2008 UPADHAYAY YADAV Versus STATE OF BIHAR ----------- 3 5.8.2008 In the instant writ petition the petitioner prays for quashing the order dated 16.10.2007 passed by the Inspector General of Prisons whereby a direction was issued to shift the petitioner from Jehanabad jail to Bhagalpur Central Jail as the petitioner was terror in the area and he was involved in many cases of murder etc. It was also noted in the aforesaid order that the transfer of the petitioner from the Jehanabad jail was imminent as he was giving threat from jail itself. Learned counsel submits that the petitioner is facing trial before the F.T.C.II, Jehanabad in S.T.No.703 of 2004 in which evidence of prosecution has been concluded and his continuance in Bhagalpur Central Jail will hamper his trial. She states that under Article 21 of the Constitution of India, the petitioner is entitled to speedy trial. In support of her contention, she relied upon a decision of this court in the case of Md. Rais Khan Vs State of Bihar & Ors, 2007(4) B.B.C.J.245 wherein this court quashed the order transferring the petitioner of that case from Siwan Jail to Central Jail, Bhagalpur because as many as eight cases were pending against him and his continuance at Bhagalpur would amount to infringement of his fundamental right in respect of speedy trial. Learned counsel for the State submits that under section - 2 - 19(3) of the Prisoners Act read with Rule 29 of the Jail Manual as amended in the year 2004, the I.G.(Prisons) in an appropriate case can transfer the accused from one jail to other in view of the security reasons and also in view of protecting life and property of other citizens. He further submits that pursuant to the order, as contained in Annexure-B to the counter affidavit, the petitioner was shifted to Bhagalpur Central Jail on 22.2.2008 for a period of six months from that date which would come to an end on 21.8.2008. The aforesaid provisions relied upon by learned counsel for the State cannot be used to shift the petitioner from the general place of his trial for a long time. It is a temporary measure to curb the immediate general security threat, threat to witnesses as well as life of other citizens. Keeping a prisoner in a jail indefinitely in a far way jail where he is not wanted in any trial would infringe upon his fundamental right to speedy trial. In the aforesaid background as his continuance in Bhagalpur Jail is coming to an end on 21.8.2008 this court is not quashing the impugned order of his shifting/transfer from Jehanabad Jail to Bhalgapur Jail. In the circumstances, this court directs that once the petitioner completes the period of six months of imprisonment at Bhagalpur Central Jail ending on 21.8.2008, he should be brought back to Jehanabad jail to enable him to attend his trial. If the authorities are once again satisfied that in order to secure the - 3 - KHAN safeguard of life and property of other citizens it would be necessary to transfer the petitioner to other jail, they may pass appropriate order in this regard but only on the basis of cogent materials on record. The basis must be real and not a bald assertion. With the aforesaid observations, this application is allowed to the extent indicated above. (S.P.Singh,J)