Debangsu Basak, J. - (1.) The petitioner is an under trial prisoner. The petitioner assails memos dated September 12, 2014 and September 14, 2014 by which the petitioner was transferred from Midnapore Central Correctional Home to the Dum Dum Central Correctional Home.
(2.) Learned Advocate for the petitioner submits that, the petitioner being an under trial prisoner in a pending criminal case, the authorities ought to have taken leave of the learned Court under whose custody the petitioner was placed prior to the transfer. Such leave not having been obtained, the impugned memos permitting transfer should be set aside. In support of the contention that, the authorities not having obtained a judicial order permitting such transfer, the transfer is bad, learned Advocate for the petitioner relies upon (State of Maharashtra & Ors. v. Saeed Sohail Sheikh, 2013 AIR(SC) 168).
(3.) Learned Advocate for the petitioner submits that, the family of the petitioner is stationed at Midnapore, it is inconvenient for the petitioner and his family members to contact each other by reason of the petitioner being stationed at Dum Dum Central Correctional Home. The residence of the petitioner and the Dum Dum Central Correctional home is more than 200 kilometers apart. The petitioner is not in a position to conduct the litigation properly since the petitioner is not having an opportunity to contract his Advocate at Midnapore. Therefore, the petitioner is seriously prejudiced.;