[1] DBCWP Nos. 5546/2009 & 5547/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R (1) D.B. CIVIL WRIT PETITION NO. 5546/2009 SULTAN Vs. THE STATE OF RAJASTHAN & ORS. & (2) D.B. CIVIL WRIT PETITION NO. 5547/2009 SUNIL Vs. THE STATE OF RAJASTHAN & ORS. Date: 28.10.2009 HON'BLE MR. JUSTICE DALIP SINGH HON'BLE MR. JUSTICE K.S. CHAUDHARI Mr. Anshuman Saxena, Advocate for the petitioners. Ms. Rekha Madnani, Deputy Govt. Counsel for State. **** Shri Shankar Singh, Superintendent of Jail, Central Jail, Kota and Shri Vishvesh Joshi, Superintendent of Jail, Central Jail, Bharatpur are present in person. On the previous date, we had directed the learned Deputy Govt. Counsel to inform this Court whether it is possible for the petitioners to be transferred to Central Jail at Kota in view of the fact that the capacity and accommodation for the inmates in Kota Central Jail has been revised with the construction of the additional barracks. In response to the aforesaid, it has been submitted that against the capacity of 825 prisoners (800 Male and 25 Female prisoners), there are at present 1657 prisoners lodged in Central Jail at Kota, which includes both the convicted prisoners as well as under trial prisoners. [2] DBCWP Nos. 5546/2009 & 5547/2009 In view of the above, it is submitted that it is not possible due to overcrowding to transfer the present petitioners to Central Jail, Kota. Learned counsel for the petitioners pointed out that under the orders of the Director General of Prisons, the prisoners have been transferred to the jails other than Central Jails which are closer to their home district. It is submitted that for example, the prisoners who are residents of Kota District after their conviction were lodged in various central jails including Bikaner, Jodhpur, Udaipur and Bharatpur, have been transferred to the jail at Tonk, which is not a Central Jail. It has, therefore, been submitted that looking to the welfare of the prisoners and hardship which their family members are facing, the Director General of Prisons is taking a sympathetic approach and transferring the prisoners to jails other than Central Jails closer to their home district. It is pointed out that both the petitioners are residents of Kota District and they are willing for their transfer in view of the facts mentioned above regarding overcrowding in the Central Jail at Kota, to the District Jails in Jhalawar, Baran, Bundi or Tonk. In view of the above, we direct the Director General of Prisons, Rajasthan, Jaipur to consider the case of the petitioners for being transferred to either of the four District Jails [3] DBCWP Nos. 5546/2009 & 5547/2009 mentioned above and pass necessary orders regarding their transfer within a period of two weeks of furnishing of the certified copy of this order. No separate application is necessary, however, it is open for the petitioners to submit their option and/or choice for their transfer to either of these four places, as mentioned herein above. For the aforesaid directions, both the writ petitions stand disposed of. (K.S. CHAUDHARI),J. (DALIP SINGH), J. /KKC/