Karnataka High Court Quashes Transfer of Undertrial Prisoner Citing Violation of Natural Justice

Court Orders Re-transfer of Reeshan Thajuddin Sheikh from Belagavi to Bengaluru Central Prison; Emphasizes Prisoner's Rights Under Article 21

In a significant ruling, the Karnataka High Court has quashed the administrative order transferring undertrial prisoner Reeshan Thajuddin Sheikh from Bengaluru Central Prison to Belagavi Central Prison. The court held that the transfer violated the principles of natural justice and the fundamental rights of the prisoner under Article 21 of the Indian Constitution.

Reeshan Thajuddin Sheikh, who has been in judicial custody since January 2023, challenged his transfer on the grounds that it disrupted his educational and rehabilitation efforts. Sheikh is enrolled in a Bachelor of Commerce programme through Indira Gandhi National Open University under a distance education scheme. The transfer order, issued on August 5, 2025, was justified by authorities on security grounds but was not substantiated with concrete evidence or a fair hearing.

Justice Sachin Shankar Magadum, presiding over the case, highlighted the lack of procedural fairness in the transfer process. The court noted that Sheikh was neither served a copy of the requisition for his transfer nor given an opportunity to contest the grounds cited, which primarily referred to unspecified "security reasons."

The judgment emphasized that while security concerns are legitimate, they must be balanced against the prisoner's rights to education, rehabilitation, family visitation, and legal assistance. The court found the reasoning behind the transfer order to be arbitrary, lacking factual basis, and devoid of judicial scrutiny.

The court referenced the precedent set by the Supreme Court in the case of State of Maharashtra v. Saeed Sohail Sheikh, which mandates that any judicial or quasi-judicial order affecting a prisoner's liberty must be preceded by a fair procedure and a chance for the prisoner to present objections.

In light of these observations, the Karnataka High Court directed the authorities to re-transfer Sheikh to Bengaluru Central Prison forthwith. The court also dismissed the objections raised by the National Investigation Agency (NIA) regarding the maintainability of the petition, asserting that the transfer order was administrative and not governed by the NIA Act or UAPA.

This ruling reaffirms the constitutional protections afforded to undertrial prisoners, ensuring that administrative actions do not infringe upon their fundamental rights without due process.

Bottom Line:

Transfer of undertrial prisoner from Bengaluru Central Prison to Belagavi Central Prison on security grounds without compliance with principles of natural justice held violative of Article 21 of the Constitution of India.

Statutory provision(s): Article 21 of the Constitution of India, Prisoners Act, 1894, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482

Reeshan Thajuddin Sheikh v. State of Karnataka, (Karnataka) : Law Finder Doc Id # 2809494