Srinagar: “An under-trial has no right of choice for his lodgement/jail, nor the trial court is authorised to specify a particular lodgement of an under-trial,” the J&K High Court on Saturday ruled on the plea of some under-trials who had prayed not to be lodged outside Kashmir jails.
Justice Sanjeev Kumar while dismissing the plea recorded that neither the under-trial is conferred any right to dictate choice of his prison for his lodgement during the trial nor the trial court itself while giving remand of an under-trial is authorised to indicate or specify a particular prison/jail for keeping the under-trial in judicial custody.
The power of the court to specify or identify prison or jail for lodgement of an under-trial on remand would run counter to the provisions of law which gives such power of regulating the lodgement of convicts and under-trials to the State, the judge said.
Meantime, the Inspector General of Prisons was directed by the court to ensure presence of petitioners on hearing dates for their speedy trial.
It was said by the court that an under-trial has a fundamental right to speedy trial and any attempt by the State to scuttle such right by resorting to arbitrary transfer of an under-trial from a prison located nearer the trial court to a prison located at a far-off place in certain circumstances may amount to violation of right to fair and speedy trial of the under-trial.
“In such eventuality, the Constitutional Court may intervene, but for that the under-trial has to demonstrate and make out a case of violation of his right to speedy trial conferred upon every under-trial under Article 21 of the Constitution. In the absence of any such foundational facts pleaded and demonstrated in the petition, embarking upon by the Court on such aspects would be an exercise in futility,” reads the judgment.

NUSRAT SIDIQ