THE STATE OF JHARKHAND & OTHERS versus VIKASH TIWARY @ BIKASH TIWARY @ BIKASH NATH

Citation: [2025] 2 S.C.R. 63 · Decided: 16-01-2025 · Supreme Court of India · Bench: J.B. PARDIWALA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

[2025] 2 S.C.R. 63 : 2025 INSC 79
The State of Jharkhand & Others 
v. 
Vikash Tiwary @ Bikash Tiwary @ Bikash Nath
(Criminal Appeal No. 240 of 2025)
17 January 2025
[J.B. Pardiwala and R. Mahadevan,* JJ.]
Issue for Consideration
Whether the High Court was correct in quashing the order/
memo dated 17.05.2023 issued by the Inspector General of 
Prisons, Ranchi, Jharkhand, making intra-State transfer of the 
respondent herein from Lok Nayak Jai Prakash Narayan Central 
Jail, Hazaribagh, to Central Jail, Dumka, within the State of 
Jharkhand.
Headnotes†
Prisoners Act, 1900 – s.29 – State Jail Manual, 1925 – Rule 
770(b) – The Respondent herein was convicted for offences 
u/ss.302/120-B/34, 353/34, 341/34 of the Penal Code, 1860; 
ss.25(1-A), 26/35, 27(2) of the Arms Act, 1959 r/w. ss.3/4/5 of 
the Explosive Substances Act, 1908, and was sentenced to 
undergo life imprisonment – Inspector General of Prisons 
by memo dated 17.05.2023 transferred him from Lok Nayak 
Jai Prakash Narayan Central Jail, Hazaribagh, to the Central 
Jail, Dumka – Respondent filed writ petition before the High 
Court  – The High Court set aside the order of transfer dated 
17.05.2023  –  Correctness:
Held: In the instant case, the Jail superintendent by letter dated 
16.05.2023 expressed apprehension of gang war/untoward incident 
in the prison, due to the presence of two notorious criminals; and 
insufficient kachpals to maintain them, which pose a challenge 
to the prison administration and hence, made intra-State transfer 
request, so as to ensure the safety of the prison  – Based on 
the apprehension so raised, the Inspector General of Prisons by 
exercising his powers conferred u/s.29 of the Prisoners Act, 1900 
and the applicable rules, transferred the respondent to another jail 
within the State, for security of the prison and to ensure the life 
* Author
64
[2025] 2 S.C.R.
Digital Supreme Court Reports
and safety of the respondent in the prison – The transfer so made 
was in accordance with law – There is a duty on the Inspector 
General of Prisons to ensure the safety of all the inmates in the 
prison – This measure was essential to ensure not only the safety 
of the prisoner but also to disrupt and neutralize the potential for 
gang-related violence within the prison – Such decision of shifting 
the respondent was only in the larger interest of maintaining 
security of the prison –  There is a profound rational behind the 
decision and therefore, such decision does not suffer from the 
vice of arbitrariness  – Thus, the transfer of the respondent to 
some other jail is not only lawful, but also necessary for his safety 
and security – The High Court erred in setting aside the order of 
transfer dated 17.05.2023 – Thus, the order of the High Court is 
set aside and the order/memo dated 17.05.2023 stands restored. 
[Paras 13, 16]
Model Prisons and Correctional Services Act, 2023 – Rule 35 – 
Prison Manual 2016 – Chapter IX – Rule 9.01 (vii) – Discussed. 
[Para 14]
Constitution of India – Art.21 – Rights of prisoners – Reforms 
and rehabilitation of the prisoners:
Held: The prison administration needs to be reformed for creating 
a better environment and prison culture to ensure the prisoners 
enjoy their right to dignified life under Article 21 – It is essential to 
continuously monitor the physical conditions prevailing in the prison, 
compliance with basic and fundamental rights of the prisoners, 
etc. – The State recognizes that a prisoner loses his right to liberty 
but still maintains his right to be treated as a human being and 
as person – His human dignity shall be maintained and all basic 
amenities should be made available to him – Discipline and order 
shall be maintained with firmness, but with no more restriction than 
is necessary for safe custody and well-ordered community life, with 
due regard to the maintenance of the rights of prisoners – Thus, 
the objective of reforms and rehabilitation of the prisoners has to 
be pursued diligently. [Para 17.2]
Model Prisons and Correctional Services Act, 2023 – Prison 
Manual 2016 – Direction issued:
Held: The State of Jharkhand directed to formulate or expedite 
the formulation of a Jail Manual incorporating the applicable 
[2025] 2 S.C.R. 
65
The State of Jharkhand & Others v.  
Vikash Tiwary @ Bikash Tiwary @ Bikash Nath
provisions of the 2016 Model Prison Manual, for effective prison 
administration and ensure its strict compliance by the prison 
authorities. [Para 18(iii)]
Cas

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