The Karnataka High Court has ruled that a detainee cannot dictate the place of his or her confinement unless there are exceptional circumstances. Justice Sachin Shankar Magadum made this observation on April 29 while dismissing a petition filed by Irfan Pasha alias Batan, who was under detention in Central Prison, Ballari.
Background of the Case
On April 6, the additional director general of police (law and order) issued an order under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, directing that Pasha be kept under preventive detention. Based on this direction, he was lodged in Central Prison, Ballari.
In his petition, Pasha argued that since he was from Mysuru district, he should be transferred to Krishnarajanagar Jail (KR Nagar Jail) or Nanjangud Jail. His primary ground was that he suffered from ailments requiring periodic medical attention, and facilities would be more accessible if he were imprisoned closer to his hometown.
Government's Response
The government advocate opposed the petition, submitting that Pasha had a chequered history of involvement in drug peddling since 2014. The advocate stated that his detention at Ballari was a conscious administrative decision intended to sever his local network and prevent recurrence of illicit activities.
Court's Observations
Justice Magadum noted that Pasha was alleged to have been involved in drug-peddling activities over a period of time. The objective of placing a detainee in a prison away from his area of operation is to disrupt the chain of contacts and break the local nexus, the judge pointed out.
Regarding the petitioner's health claims, the judge observed that the only ground cited was that the petitioner was suffering from certain ailments and required medical attention. However, no material of such compelling nature was placed on record to indicate that adequate medical facilities were unavailable at Central Prison, Ballari.
In the absence of any substantiated material indicating denial of such care, a mere assertion of illness could not be a ground to seek transfer to another jail as a matter of right, Justice Magadum further noted.
