Gujarat High Court
Suleman Ahemad Hussain @ Tiger Pir vs State Of Gujarat on 23 December, 2021
Author: Rajendra M. Sareen
Bench: Rajendra M. Sareen
R/SCR.A/11256/2021 ORDER DATED: 23/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 11256 of 2021
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SULEMAN AHEMAD HUSSAIN @ TIGER PIR
Versus
STATE OF GUJARAT
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Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1
MS MAITHILI MEHTA APP (2) for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 23/12/2021
ORAL ORDER
1. The present application has been preferred by the applicant - convict, through jail, FOR TRANSFER OF JAIL, from Vadodara Central Jail to Ahmedabad Central Jail, Sabarmati, Ahmedabad, on rejection of the application by the authority.
2. The applicant has stated in his application that he is resident of Godhara, District Panchmahals. He has wife and children. He is in jail since last 15 years. He has to commence the procedure under section 433A of the Code of Criminal Procedure and if the jail is transferred, it would be convenient for the family of the convict to pursue application under section 433A of the Code of Criminal Procedure. Hence, he has prayed for transfer of jail, as aforesaid.
3. Heard the learned Additional Public Prosecutor for the respondent - State. He has produced the copy of the Resolution bearing No.JLK/112009/2974/Part-I/J dated 19.01.2017, Page 1 of 4 Downloaded on : Wed Jan 12 14:11:11 IST 2022 R/SCR.A/11256/2021 ORDER DATED: 23/12/2021 issued by the Government of Gujarat, Home Department, Sachivalaya, Gandhinagar. The same is consolidated order in respect of Classification of Prisons and Prisoners. The said resolution reads thus:
"RESOLUTION After being discussed and considered in the Legislative and Parliamentary Affairs Department and having taken into consideration the recommendation of Bureau of Police Research and Development (BPR&D), Ministry of Home Affairs, New Delhi, the Government has issued the Gujarat Prisons Classification Rules, 2011 vide different notifications which are referred in the preamble above at serial no.1,2,3 and has classified the jails/prisons on the basis of Capacity to lodge the prisoners and kind of prisoners in the prisons as Central Prison, District Prison, Sub-Prison, Special Prison, Open Prison, women prison and Taluka prison. In view of the said Gujarat Prisons Classification Rules, 2011, the Government has also issued various orders for classifications of prison and prisoners from time to time as mentioned in the preamble above at serial no.4,5,6. The Government has issued instructions General Administration Department's vide letter No.Vahas/ 102015/877(3)ARTD-II, Dtd. 6" July, 2015 to issue co-ordinated/consolidated orders in respect of Page 2 of 4 Downloaded on : Wed Jan 12 14:11:11 IST 2022 R/SCR.A/11256/2021 ORDER DATED: 23/12/2021 Government policies covering all additions/deletions/modifications. The Government is, accordingly pleased to issue consolidated orders in respect of classification of prison and prisoners as per Appendix-I appended herewith as covering additions/ deletions/modifications issued so far under orders mentioned in the preamble above at serial Nos.4,5,6.
Accordingly, the prisoners shall be kept in the Central Prison, District Prison, Sub-Prison, Special Prison, Open Prison, Women Prison and Taluka Prison as per the classification of Prisons
- and Prisoners as specified at Appendix-I appended herewith. However, as per the provision of Section 29(1) and (2) of Prisoners Act, 1900, the State Government and/or the Inspector General of Prisons by general or special order remove any prisoner confined in a Prison from one category/name of Prison to any other category/name of Prison in the state as classified at Appendix-I appended herewith.
By order and in the name of the Governor of Gujarat."
4. From the Appendix-I appended with the resolution dated 19.01.2017 it is clear that the prisoners convicted by Narmada (Rajpipla), Panchmahal (Godhra) and Bharuch, Districts for more Page 3 of 4 Downloaded on : Wed Jan 12 14:11:11 IST 2022 R/SCR.A/11256/2021 ORDER DATED: 23/12/2021 than one year's sentence are to be kept in Vadodara Central Jail. The applicant convict is convicted for the offence under sections 302 etc. of IPC by the Additional Sessions Judge, Godhra, camp at Ahmedabad for life imprisonment. As the convict is convicted by the Court of Godhra, he is rightly kept in Vadodara Central Jail.
5. Merely because the applicant has to commence the procedure under section 433A of the Code of Criminal Procedure and it would be convenient for the family of the convict to pursue application under section 433A of the Code of Criminal Procedure, if the jail is transferred, is no ground to transfer the jail. The ground pleaded by the convict in the application do not inspire any confidence for transfer of the jail, as prayed for. No case is made out. Hence, present application stands rejected. Rule is discharged.
Registry to communicate this order to the concerned Jail Authority by Fax or Email forthwith.
(RAJENDRA M. SAREEN,J) R.H. PARMAR Page 4 of 4 Downloaded on : Wed Jan 12 14:11:11 IST 2022