Smt. Jaya Talakshi Chheda v. The State Of Maharashtra And ORS

Sr.No. 919 WP 2446.15 SSK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2446 OF 2015 Smt. Jaya Talakshi Chheda ....Petitioner versus The State of Maharashtra and ors.

....Respondents Mr. Taraq Sayed along with Mr. Sartaj Shaikh i/b. Rama D. Pawade, advocate for the petitioner.

Mrs. M. M. Deshmukh, APP for the State.

CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATED : 12th AUGUST, 2015.

P.C.:

The petition is filed by life convict seeking directions to the Superintendent of Prison-Yerwada Central Prison -Pune, to transfer her from Yerwada Central Prison, Pune to Byculla District Prison- Mumbai, Thane Central Prison-Thane or Nasik Central Prison-Nasik or any other prison nearer to Mumbai. The petitioner made similar application before the Deputy Inspector General of Prison. However, by an order dated 1st July, 2015, the petitioner's application came to be rejected. 2.

The petitioner submitted that she is suffering from several ailments which fact is not disputed by learned APP. The grievance of the petitioner is that she is not given proper medical treatment in Yerwada Central Prison and her health is deteriorating day-by-day. The petitioner Shubhada S Kadam 1/2

Sr.No. 919 WP 2446.15 also has made a grievance that she is kept in solitary confinement and even not allowed to talk to other inmates of the prison. Mrs. Deshmukh, learned APP denies that the petitioner is not given proper medical treatment. She also denies that the petitioner is kept in solitary confinement. Nevertheless, it is admitted that the petitioner is kept in separate cell without any other inmates in the said cell. 3.

Considering the health condition of the petitioner and on humanitarian ground as mentioned in clause (3) (d) of the Removal of Prisoners Order 1965, we direct Inspector General of Prison to transfer the petitioner from Yerwada Central Prison to Nasik Central Prison - Nasik.

4.

In the light of the above order, the petition is disposed of. (ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Shubhada S Kadam 2/2