Khoda Tagia and 4 Ors v. The State of Assam and 6 Ors

ORDER Date : 26-06-2023 Heard Mr. D.K. Bhattacharya, learned counsel for the petitioners; Mr. N. Goswami, learned Junior Government Advocate, Assam for the respondent nos. 1, 2 & 5; Mr. A. Chandran, learned Additional Senior Government Advocate, Arunachal Pradesh for the respondent nos. 3 & 4.

¶2The relevant excerpts of the Order dated 02.06.2023 read as follows : -

¶2The petitioners, 5 [five] in nos., have preferred this writ petition seeking their transfer from a prison in the State of Assam to a prison in the State of Arunachal Pradesh in terms of the provisions contained in Section 3 of the Transfer of Prisoners Act, 1950. It is projected that the petitioners are convicts, who are undergoing sentences pursuant to judgments rendered by different courts in the State of Arunachal Pradesh. When a request was made from the end of the Inspector General of Prisons, Assam to the Inspector General of Prisons, Arunachal Pradesh by his letter bearing no. PRI.211/2005/92 dated 13.10.2016 for acceptance or otherwise of the convicts for Page No. 4/7 transfer from District Jail, North Lakhimpur to a prison in the State of Arunachal Pradesh, the said request was declined by the Inspector General of Prisons, Arunachal Pradesh by a letter bearing no. DG/J-33/2010 dated 11.11.2016 on the premise that District Jail, Jully, Itanagar was overcrowded at that point of time. The said decision was conveyed about 7 [seven] years earlier. The prison infrastructure in the State of Arunachal Pradesh might have undergone changes with increase in capacity, etc. Notwithstanding the earlier observation made in the year 2016, it appears appropriate for the competent authority in the State of Arunachal Pradesh to revisit the earlier decision as regards transfer of the convicts, who are undergoing sentences after their conviction rendered by judgments of the courts in Arunachal Pradesh, from District Jail, North Lakhimpur to any prison in the State of Arunachal Pradesh as on date.

¶3In such view of the matter, Mr. Goswami, learned Additional Advocate General, Arunachal Pradesh shall obtain fresh instruction as regards transfer of the prisoners as there appears to be an approval already for such transfer from the end of the prison authorities in Assam.

¶4Mr. Bhattacharya, learned counsel for the petitioner has submitted as per Prison Statistics – India 2021 published by the National Crime Records Bureau, Ministry of Home Affairs, Government of India, the occupancy rate [in percentage] in all prisons in the State of Arunachal Pradesh was 75.4% as on 31.12.2021.

¶5List the case on 26.06.2023, as requested by Mr. Goswami, learned Additional Advocate General, Arunachal Pradesh for further instructions in the matter.

¶3In deference to the order dated 02.06.2023, Mr. Chandran, learned Additional Senior Government Advocate, Arunachal Pradesh has placed a copy of a letter bearing no. JHQ/TCP-13/2018/1148 dated 13.06.2023 of the Directorate of Prisons and Correctional Administration, Government of Arunachal Pradesh, which is addressed to him.

¶4The contents of the letter dated 13.06.2023 [supra] read as under :-

"GOVERNMENT OF ARUNACHAL PRADESH DIRECTORATE OF PRISONS AND CORRECTIONAL ADMINISTRATION ITANAGAR Page No. 5/7 No. JHQ/TCP-13/2018/1148 Dated Itanagar, the 13th June 2023

Sub:- W.P.[C] no. 3234/2021 filed by Shri Khoda Tagia & 4 others vs. State of Assam & 6 others. Ref:- Ref your vide letter No. AP/GA/2023/796 dated 06.06.2023/796 Sir,

With reference to subject cited above, it to inform you that regarding the report of Prison Statistics - India 2021 published by the National Crime Record Bureau, MHA, Govt. of India wherein it is shown that the occupancy rate [in percentage] in prisons in the State of Arunachal Pradesh being 75.4 % as on 31.12.2021. In this connection it is to clarify here that during 2021 even though additional 100 inmates capacity was constructed at District Jail, Tezu however in practical due to non construction of inner security wall between main security wall and additional 100 inmates capacity ward, no inmates were admitted in newly constructed ward. Hence, the occupancy rate [in percentage] shown as 75.4%, which was also non inclusion of other sub-jails. Further, the prison occupancy of district jails and sub-jails of the state as on

08.06.2023 is shown below –

Sl. No. Name of Prisons Male inmates Capacity Male inmates as on 08.06.2023 Occupancy [in percentage] Overcrowding District Jail, Jully Itanagar 125% District Jail, Tezu 60% 57 [Due to vacant in new cell] Sub-Jail, Aalo 120% Sub-Jail, Pasigaht 104% Sub-Jail, Yingkion 67% Sub-Jail, Koloriong 67% Sub-Jail, Khonsa 144% Sub-Jail, Changlang 185% Page No. 6/7 Sub-Jail, Longding 120% Total 103%

In view of above, the following 5 [five] convicts of District Jail, North Lakhimpur, Assam namely [1] Sri Khoda Tagia, [2] Sri Tai Ngomdir, [3] Sri Dil Bahadur Pradhan, [4] Sri Hastha Bahadur Rai and [3] Sri Obino Mandal may be shifted to District Jail, Tezu, Arunachal Pradesh."

¶5Mr. Chandran, learned Additional Senior Government Advocate, Arunachal Pradesh has submitted that the State of Arunachal Pradesh is agreeable to shift the 5 [five] petitioners, who are undergoing their sentences as convicts in the District Jail, North Lakhimpur, Assam to the District Jail, Tezu, Arunachal Pradesh in consultation with the prison authorities of the State Government in Assam.

¶6Mr. Goswami, learned Additional Junior Government Advocate, Assam appearing for the respondent nos. 1, 2 & 5 and Mr. Chandran, learned Additional Senior Government Advocate, Arunachal Pradesh appearing for the respondent nos. 3 & 4 have submitted that the respondent prison authorities from the State of Assam and the State of Arunachal Pradesh in consultation with each other, will facilitate the transfer of the 5 [five] petitioners from the District Jail, North Lakhimpur, Assam to the District Jail, Tezu, Arunachal Pradesh within a period of 2 [two] months from today.

¶7Mr. Bhattacharya, learned counsel for the petitioner who has been served with a copy of the letter dated 13.06.2023, has, on instruction, agreed to the proposal advanced by the State counsel.

¶8In view of the broad consensus arrived at by the learned counsel for the parties in the afore-stated manner, this writ petition is disposed of with a direction to the State respondents in the State of Assam and the State of Arunachal Pradesh to facilitate the transfer of the 5 [five] petitioners who are undergoing their sentences as convicts in the District Jail, North Lakhimpur, Assam at present, to the District Jail, Tezu, Arunachal Pradesh within a period of 2 Page No. 7/7 [two] months from today.

¶9With the above direction, the writ petition is disposed of. In the event there arises any subsequent cause of action, the petitioners are at liberty to seek appropriate remedy as available to them under the law. No cost.

JUDGE Comparing Assistant

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