High Court Sets Aside Kathua Court Order, Directs Fresh Consideration of Undertrial’s Request for Transfer from Jammu Jail to Kathua Jail
Jammu, July 21: The High Court of Jammu & Kashmir and Ladakh has ruled that the mere fact that an undertrial prisoner or his family members are not residents of the district where the trial is pending cannot be a valid reason to reject a plea seeking transfer from one jail to another.
According to the details, Justice M. A. Chowdhary passed the observation while allowing a criminal revision petition challenging an order of the Additional Sessions Judge, Kathua, which had rejected the petitioner’s request to shift his custody from District Jail Jammu to District Jail Kathua.
The petitioner is facing trial in an FIR registered at Police Station Kathua in connection with charges of attempt to murder and illegal possession of arms. Through his mother, he had sought transfer to District Jail Kathua, stating that it would facilitate trial proceedings and make it easier for his family to meet him.
The trial court had dismissed the application, observing that neither the accused nor his family members were residents of Kathua and that the accused was already being produced before the court through virtual mode, causing no inconvenience that warranted his transfer.
However, the High Court found the reasoning unsustainable and remarked that the trial court had dealt with the matter in a “slipshod manner” without examining the relevant factors in their proper perspective.
The Court noted that the petitioner’s family resides in Mandi Gobindgarh, Punjab, and has to travel to Jammu to meet him in prison. It observed that an accused is entitled not only to appear before the court but also to effectively assist his legal counsel to ensure a fair and impartial trial.
The High Court held that simply observing that the accused and his family were not residents of Kathua could not justify rejection of the transfer application. It emphasized that the convenience of the accused and his family, along with the fact that the trial is being conducted in Kathua, are significant factors that must be considered while deciding such requests.
Setting aside the order dated November 5, 2024, passed by the Additional Sessions Judge, Kathua, the High Court directed the trial court to reconsider the application afresh after hearing both parties and taking into account all relevant circumstances.
The petitioner appeared in person without legal representation, while the Union Territory of Jammu and Kashmir was represented by Deputy Advocate General Pawan Dev Singh.
