Court Terms Transfer from Sri Ganganagar to Dungarpur as Unreasonable, Orders Reversal
In a significant ruling, the Rajasthan High Court has quashed the transfer order of a prisoner from Sri Ganganagar Jail to Dungarpur Jail, citing the decision as arbitrary and imposing undue hardship on the prisoner's family. The judgment, delivered by Justice Farjand Ali, emphasizes the need for prison administration to consider the socio-economic circumstances of a prisoner's family when deciding on transfers.
The petitioner, Sunil Alias Jenter, had been transferred to Dungarpur Jail without any stated reason, necessitating his family to travel an arduous distance of 800 to 1000 kilometers merely to visit him. The court observed that the family resides in Sri Ganganagar and belongs to a modest socio-economic background, making such long journeys impractical and burdensome.
The court noted that alternative jails, such as those in Bikaner and Udaipur, were geographically closer and more accessible, yet these options were overlooked by the authorities without justification. The transfer was deemed to lack rationale and proportionality, with the court finding it unsustainable in law.
In its directive, the court ordered the quashing of the transfer order dated 03.09.2025, emphasizing that transfer orders must be justified, reasonable, and proportional to administrative needs. Additionally, the court instructed jail authorities to ensure the petitioner does not misuse communication facilities within the prison to threaten any individuals.
The judgment underscores the importance of maintaining a balance between administrative needs and the rights of prisoners and their families, reiterating that decisions affecting prisoners must not be arbitrary or excessively burdensome.
Bottom Line:
Transfer of prisoner to a distant jail without assigning valid reasons or considering the socio-economic hardships of the prisoner's family is arbitrary and unsustainable in law.
Statutory provision(s): None specifically mentioned in the judgment.
Sunil Alias Jenter v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2856817
