RAJA SAEED AKRAM KHAN, C.J. The convict-respondent, herein, filed an application before the High Court for shifting him from District Jail Kotli to District Jail Sudhnoti. The learned High Court through the impugned judgment dated 27.01.2022, accepted the application and issued the direction for shifting of the convict-respondent to District Jail Sudhnoti.
2. Despite repeated notice no one appeared on behalf of the respondent, hence, we constrained to decide the appeal after hearing the earned Advocate-General and perusing the available record.
3. The learned Advocate-General submitted that the prevailing situation of District Jail Sudhnoti is not up to mark. The said Jail is already overcrowded and in view of the security measures the authorities shifted the convict to the District Jail Kotli as the same is in better condition than the District Jail Sudhnoti, but the learned High Court overlooked this aspect of the case. He prayed for acceptance of appeal.
4. We have heard the arguments and examined the record made available. In our view it cannot be left on the choice of the convicts to choose any sail rather the concerned authorities may take any decision in this regard while taking into account the safety measures and other relevant factors. In the instant case, the version of the learned Advocate-General is that in view of the security measures as well as the strength of the convicts, District Jail Kotli is better than District Jail Sudhnoti hence, there is no reason to compel the concerned authorities to shift the convict in an overcrowded jail where the security situation is also not up to mark as stated by the learned Advocate-General.