Criminal Writ Petition No. 843 of 1993. Case: State of Maharashtra Vs Sayyed Noor Hasan Gulam Hussain alias Bawa. High Court of Bombay (India)
| Case Number | Criminal Writ Petition No. 843 of 1993 |
| Counsel | For Petitioner: Smt. R. P. Desai, A.P.P. |
| Judges | Mr. V. A. Mohta and V. Bahuguna , JJ. |
| Issue | Prisons Act (9 of 1894) - Section 27 |
| Citation | 1995 CriLJ 765 |
| Judgement Date | June 04, 1994 |
| Court | High Court of Bombay (India) |
Judgment:
V. A. Mohta, J.
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This is a petition under Article 226 read with Article 227 of the Constitution of India filed by the State of Maharashtra at the instance of the Superintendent, Central Prison, Bombay making a grievance against the order dated 25th June 1993 passed by the Additional Sessions Judge for Greater Bombay by which he has ordered the transfer of the respondent under trial-prisoner-Sayyed Noor Hasan Gulam Hussain alias Bawa an accused charged for the offence under Section 302 of the Indian Penal Code from District Prison, Kalyan to the Bombay Central Prison.
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We see no justification whatsoever for the impugned order. The respondent was lodged in Kalyan District Prison as per the Circular dated 5-5-1993 issued by the Inspector General of Police, Pune by which he classified certain prisoners gangwise and ordered them to be lodged in different jails keeping the law and order problem and safety of the prisoners as well as the staff in view. This Circular was issued on the basis of an order dated 28th April 1993 passed by the Designated Court for Greater Bombay under the Terrorist and Disruptive Activities (Prevention) Act, 1987 ordering the accused in Bombay Bomb Blasts case to be lodged in Bombay Central Prison, in view of largeness of their number and to facilitate their production in the trial. The alleged uncontroverted facts, which provide the background for the issuance of the Circular, are that on account of constant enmity and warfare between the members of Amar Naik gang, Dawood gang and Arun Gawli gang, the atmosphere at the Bombay Central Prison was tense. There was a constant apprehension of some untoward incident between these warring groups. Offences like extortion were also rampant in the jail. The bomb blasts in the city of Bombay worsened the situation because the accused involved in Bombay Bom Blasts case come to be lodged in the Bombay Central Prison for the purpose of their production in the designated Court at Bombay. Most of the accused involved in the Bombay Bomb Blasts case belonged to Dawood gang. On 28th April 1993, the Judge of the designated Court was pleased to direct that the accused in the Bombay Bomb Blasts case should be lodged in the Bombay Central Prison since they could be conveniently brought to the designated Court on the remand dates.
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Considering the imminent possibility of untoward incidents between the rival gangs, a...
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