HC to lower courts: Don’t interfere in prisoner’s transfer

Allahabad, May 28 The Allahabad High Court directed the district judge and the Chief Judicial Magistrate (CJM) of Varanasi today not to meddle with the transfer of gangster Brajesh Singh back to Bareilly Central Jail.
The court has also asked the state government to proceed in implementing its May 2, 2008 executive order.
The Bench, comprising Justice Imtiyaz Murtaza and Justice Vikram Nath, passed this order on a writ petition filed by the state government and observed that that issue relating to the transfer of accused persons from one prison to another should not be interfered into by the court.
The Bench said: “Authorising the detention of accused in police custody or judicial custody is the judicial function of the Magistrate whereas the place/places where an accused has been authorised to be detained in judicial custody by the Magistrate is a matter relating to the administration in the prison.”
Earlier, the additional government counsel (AGA) had criticised the manner in which the local courts of Varanasi had tried to stultify the executive order that had been passed for security reasons. The local courts repeatedly entertained applications that were allegedly designed to prolong the gangster’s stay at the Central Jail Varanasi. The matter will be heard in the second week of July, 2008. The court also issued a notice to Singh today, asking him to file his affidavit before the next hearing.
Express News Service
Posted online: Thursday , May 29, 2008 at 02:05:00Updated: Thursday , May 29, 2008 at 02:05:00http://www.expressindia.com