Punjab and Haryana High Court to decide if undertrial can be shifted sans CJM's permission

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Chandigarh, March 2

The Punjab and Haryana High Court will adjudicate whether an undertrial inmate can be transferred from one jail to another without the Chief Judicial Magistrate’s permission. Justice Raj Mohan Singh of the High Court has already put the State of Punjab on notice on a plea claiming an undertrial’s transfer without the court’s permission.

The matter was brought to the High Court’s notice after Baljinder Singh filed a petition against the State of Punjab and other respondents against his transfer from Central Jail, Bathinda, to Kapurthala. Appearing before the Bench, counsel Saurav Bhatia contended that the Chief Judicial Magistrate’s permission was required to be obtained before transferring an under trial inmate from one jail to other jail. Bhatia also relied upon a Supreme Court judgment in the case of “State of Maharashtra versus Saeed Sohail and others” for substantiating his contentions.

Taking a note of the submissions, Justice Raj Mohan Singh fixed April 25 as the next date of hearing in the matter.