The Rajasthan High Court set aside an order transferring an undertrial prisoner to a jail about 800–1000 kilometres away from his residential town. The Court said the authorities gave no reasons for shifting him so far. It held that the move placed an unreasonable and onerous burden on the prisoner’s family, who would have to travel a very long distance to meet him.
Justice Farjand Ali said the State cannot compel a family to undertake such travel without recording any justification. The Court found the transfer wholly impracticable and unjust. It therefore held the order unsustainable in law.
Background
The petitioner was lodged in Sri Ganganagar prison. The authorities later transferred him to Dungarpur jail. The petitioner challenged the transfer before the High Court.
He argued that the authorities cited no security concern or administrative exigency. He also pointed out that Dungarpur lies about 800–1000 kilometres from his residential town.
Court’s Findings
The Court noted that the authorities had other options. If they needed to shift the prisoner, they could have chosen a more accessible and geographically proximate jail. The Court said the authorities ignored those alternatives.
The Bench also considered the family’s circumstances. It recorded that the petitioner’s family members live in the same city. It also noted that they belong to a modest socio-economic background. In these circumstances, the Court held that long journeys only to meet the prisoner would cause disproportionate hardship.
The Court observed:
“…petitioner’s family members reside within the same city and belong to a modest socio-economic background. In such circumstances, expecting them to undertake long and arduous journeys merely to meet the petitioner would impose an unreasonable and disproportionate hardship. Requiring travel from Sri Ganganagar, situated at the western extremity of the State of Rajasthan, to Dungarpur in the southernmost region, is not only impractical but also unduly onerous.”
Transfer Order Set Aside
The High Court held that the transfer order imposed an excessive and unjust burden on the petitioner’s family. It therefore quashed the order and set aside the transfer.
Case Title: Sunil v State of Rajasthan & Ors.
