Delhi High Court Quashes Prisoner Transfer from Open to Closed Prison

Court Finds Procedural Safeguards Violated in Transfer Decision, Orders Restoration of Prisoner's Status

In a significant ruling, the Delhi High Court has quashed the transfer of Surender Kumar, a life convict, from an open prison to a closed prison, citing a breach of procedural safeguards under the Delhi Prison Rules, 2018. The court emphasized the importance of fair procedure and proportionality in penal actions affecting the rehabilitative liberties of prisoners.

The case arose when prohibited items, including mobile phones, were found in the possession of Kumar during a surprise inspection at the open prison. Following this, Kumar faced a disciplinary action that led to the withdrawal of certain privileges and his subsequent transfer to a closed prison.

Justice Sanjeev Narula, presiding over the matter, highlighted that the transfer decision was made without adhering to the mandatory procedural safeguards outlined in Rules 1272 and 1273 of the Delhi Prison Rules. These rules necessitate a written notice and a structured inquiry before imposing a major punishment. The court found that these requirements were not met, rendering the transfer decision unsustainable.

The High Court also noted the absence of a specific judicial appraisal regarding the necessity and proportionality of the transfer, as required by Rule 1270. The court pointed out that the punishment ticket did not justify the transfer, and the subsequent judicial appraisal failed to examine whether reclassification was warranted or if lesser measures could suffice.

Furthermore, the court underscored the practical challenges faced by inmates in open prisons concerning the possession of mobile phones, which are often essential for maintaining contact with family and coordinating work. The court directed the Director General (Prisons) to develop a Standard Operating Procedure (SOP) to regulate the possession or secure deposit of mobile phones by open-prison inmates.

The judgment reinstates Kumar’s status in the open prison and mandates the Selection Committee to reconsider his placement, applying the principles of legality and proportionality. The committee is required to pass a fresh, reasoned order within a week, and any decision must be communicated to Kumar promptly.

This ruling reinforces the judiciary's role in ensuring that penal measures are implemented with due regard for procedural fairness and the rights of prisoners.

Bottom Line:

A prisoner's transfer from an open prison to a closed prison, triggered by possession of prohibited items, must comply with fair procedural safeguards under prison rules - A disproportionate penalty impacting rehabilitative privileges calls for judicial scrutiny of legality, process, and proportionality.

Statutory provision(s): Delhi Prison Rules, 2018, Rule 1270, Rule 1272, Rule 1273, Delhi Prison Act, 2000, Sections 50(2) and 53

Surender Kumar v. State of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2802836