Prisoners too have fundamental Right to Trade and Profession: HC

In the instant case, the husband of the petitioner is seeking to transfer flats in a multistoried building which was under his management as a developer of the said property and, therefore, I am of the opinion that there is no embargo upon the petitioner’s husband (who is an under-trial prisoner) to execute sale deeds for transfer of such flats to the intending purchasers on account of his incarceration if he is otherwise entitled to do so in law. It may also be apposite to refer to Section 79(2)(j) of the West Bengal Correctional Services Act, 1992, as argued by Ms. Sengupta, which, inter a...