Accused can be transferred from one jail to other jail with permission of court
power exercisable by the
court while permitting or refusing transfer is ‘judicial’ and
not ‘ministerial’ as contended by Mr. Naphade. Exercise of
ministerial power is out of place in situations where quality
of life or the liberty of a citizen is affected, no matter
he/she is under a sentence of imprisonment or is facing a
criminal charge in an on-going trial. That transfer of an
undertrial to a distant prison may adversely affect his right
to defend himself but also isolate him from the society of
his friends and relations is settled
Applying the above principles to the case at hand and
keeping in view the fact that any order that the Court may
make on a request for transfer of a prisoner is bound to
affect him prejudicially, we cannot but hold that it is
obligatory for the Court to apply its mind fairly and
objectively to the circumstances in which the transfer is
being prayed for and take a considered view having regard
