Power of State Government to exclude certain persons from operation of section 267
AI Assist
Summary
The State Government can order that a particular person or class of prisoners must not be removed from the prison where they are detained. Before issuing such an order it must consider the nature of the offence, the risk of disturbing public order if removal is allowed, and the public interest. While the order stands, any removal orders will not apply to those persons.
Example
Priya is detained after alleged involvement in a violent protest and was due to be transferred to a hospital under a general removal order. The State Government issues a special order that she must not be removed because her transfer could disturb public order. The hospital-transfer cannot go ahead while the exclusion order remains in force.
Bare Act
Enacted text(1) The State Government may, at any time having regard to the matters specified in Sub-Section (2), by general of special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained and thereupon, so long as the order remains to force, no order made under section 267, whether before or after the order of the State Government, shall have effect in respect of such person or class of persons.
(2) Before making an order under Sub-Section (1), the State Government shall have regard to the following matters, namely:
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(a) the nature of the offence for which, or the grounds on which, the person or class of persons has been ordered to be confined or detained in prison;
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(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison;
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(c) the public interest, generally.
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