Breaking Supreme Court Legal Update
New Delhi · Thursday, 30 July 2026 9888666310 | [email protected]
Free Law — free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2025-01-17 allowed

The State of Jharkhand & Others vs Vikash Tiwary @ Bikash Tiwary @ Bikash Nath

Bench: 2 — J.B. Pardiwala, R. Mahadevan

In Brief

A life-imprisoned gangster challenged his transfer from one state jail to another, claiming violation of natural justice. The High Court quashed the transfer, relying on his character certificate and prior decisions favoring undertrial prisoners. The Supreme Court reversed this, holding that prison officials have lawful power to transfer convicts on security grounds. The Court distinguished between undertrial and convict prisoners, finding the transfer justified by gang war threats and insufficient security personnel. While a prisoner's fundamental rights persist, they are not absolute and yield to prison discipline and safety needs. The Court restored the transfer and directed Jharkhand to strengthen prison administration under the 2016 Model Prison Manual.

The lawyer headnote and full judgment text are available to registered users.

Prison Law Administrative Law Constitutional Law Criminal Law Prisoners' Rights Jail Transfer Prison Security

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login