Excelsior Correspondent
Jammu, July 27: Holding that under trial accused have no right to be lodged in the jail of their own choice, the Court of Additional Sessions Judge, Doda – Amarjeet Singh Langeh dismissed application of two under trial accused. The two accused are lodged in District Jail – Amphala (Jammu) in F.I. R No. 48/1993 for offences Under Sections 302/34 of RPC and some sections of TADA and Arms Act. Challan against accused was presented in TADA Court, Jammu on 24-03-1994 and both accused were proceeded Under Section 512 of Cr.P.C. In the year 2023.
Both of them were arrested in execution of general warrants of arrest and produced before TADA Court – Jammu where from they were discharged for offences under TADA Act and Arms Act while as charge Under Sections 302/34 of RPC was framed and case was ultimately received by Addl. Sessions Judge – Doda because case originally pertained to Sessions Division Doda.
While dismissing the application seeking shifting of accused from District Jail -Amphala (Jammu) to District Jail – Bhaderwah, Court observed “what is discernible from record is that the two accused have been lodged in District Jail-(Amphala) Jammu right from inception when they were directed to be kept in custody on execution of their respective general warrants of arrest. Accused therefore can’t say that State has shifted them from one to Jail to another during pendency of their case without seeking permission of trial court. Present therefore is not a case of removal of accused/petitioners from one jail to another sans Authority of law”.
“No law, precedental or statutory — has been cited at bar which acknowledges that an undertrial prisoner has an absolute and inviolable right to be lodged in a jail of his choice”, the court held.
Rejecting the prayer for shifting of lodgement on the ground of extreme rise in temperature at Jammu, Court noted, “Rise in temperature or fall thereof to the discomfort of jail inmate perse is no ground for lodgement of an undertrial in a jail of his choice”. Court also observed that as per report of Superintendent District Jail – Bhaderwah, District Jail – Bhaderwah has inmates beyond its lodgement capacity and therefore is overcrowded. Accused therefore cannot be shifted to an overcrowded jail also.
With these observations, Court dismissed the application.
Follow our WhatsApp channel
