Justices RY Ganoo and AM Khanwilkar observed that the authorities have decided to shift the petitioner, Mohammed Moin Faridulla Qureshi, from Aurangabad prison to Nashik jail, on account of administrative and security reasons.
"It is not possible for the court to sit over the said subjective satisfaction of the authority or to examine the same objectively. The relief claimed in this petition, in our opinion, cannot be entertained," the judges said while dismissing the petition.
This relief is not pursued on the argument that the petitioner has any statutory or legal right to stay in Aurangabad Central Prison for undergoing the remaining sentence period, the judges observed.
The grievance of the petitioner, however, is that, after the transfer of the petitioner to Nashik Central Prison, it would cause inconvenience to the petitioner's parents, who are residents of Mumbai, in travelling all the way to Nashik to meet their son, the bench remarked.
This argument clearly overlooks that even now the parents of the petitioner have to travel to Aurangabad from Mumbai to visit the petitioner in Jail, which is far away from Nashik, the judges observed.
It is submitted that some untoward incidents had occurred in Nashik Central Prison some time back and the petitioner apprehends that such incident may be repeated. However, in the petition there is no assertion that the petitioner apprehends danger to his life in Nashik jail.
"In absence of such assertion, we fail to understand, as to how the petitioner can insist that he must be continued in the Aurangabad Central Prison for the remaining sentence period," the judges noted.
The trial court had earlier convicted Qureshi along with five others for throwing bombs at the Mahim Causeway in which three persons were killed and six others were injured.
The six had travelled in a car to the fishermen's colony at Mahim, where five of them hurled grenades.
Mumbai: The Bombay High Court has rejected the plea of a 1993 bomb blast convict, urging the Maharashtra Government to refrain from transferring him from Aurangabad Central prison, where is currently serving a life term, to Nashik jail.
First Published: Sunday, September 30, 2012, 11:33