India: Afzal Guru’s Petition in Supreme Court For Transfer To Srinagar Jail

Today (11.02.2011) Supreme Court issued notice to the Central Government on the petition of Afzal Guru seeking his transfer from Tihar jail to Srinagar jail. Afzal has been leading lonely life in Tihar jail for the last about nine years. He has submitted in the petition that his mother of 75 years age, his son of ten years and his wife reside in remote area in Kashmir and they have to travel by bus through hilly road from Srinagar to Jammu High way , then from Jammu to Delhi which is a very arduous journey and meeting is allowed with prisoner only for 30 minutes through microphone speaker system with glass (sound proof) partition. It is very hard, fatiguing, restrictive, unaffordable for Afzal’s family to meet him liberally comfortably according to their will. Just for 30 minutes Mulakaat they have to go through unimaginable hardship which ultimately turns into pain and agony. He has submitted that unreasonable and
unwarranted prolonged isolation and separation of prisoner from family members is most painful and terrible affair.

Afzal has relied on Supreme Court judgments in the case of Sunil Batra Vs. Delhi Adminisration reported in AIR 1980 SC page 1579 and A.K.Roy Vs. Union of India reported in AIR 1982 SC page 710 which in effect says that normal rule should be that a detenu should be kept in detention in a place which is within the environs of his/her ordinary place of residence so that his family and friends can meet him easily and exceptions have to be reasonable and strong which do not violate protection granted under article 21 of the Constitution of India.

Due to lack of financial resources Afzal sought the help of Supreme Court Legal Services Committee and has filed his petition u/s 3 of Transfer of Prisoners Act. Supreme Court Legal Services Committee assigned his case to Ms. Kamakshi Mehlwal , Advocate Supreme Court, to persue the same. Matter was argued by Shri V.C. Mahajan, Senior Advocate who was assisted by Ms. Kamakshi Mehlwal and N.D.Pancholi, Advocates. Hon’ble judges asked whether Afzal was prepared to be shifted to any other place except Jammu & Kashmir. Mr. V.C. Mahajan submitted that in that case Pathankot jail could be considered as the said jail is on the border of the J& K State.

Supreme Court has given four weeks time to Central and Delhi Govt. to reply.

Dt. 11th Feb. 2011

N.D. Pancholi,

Advocate (M)9811099532