40. Where a person is confined in a prison beyond the local limits of the appellate jurisdiction of High Court Division, any Judge of such Court may, if he thinks that such person should be removed under this Part for the purpose of answering a charge of an offence or of giving evidence in any criminal matter in such Court or in any Court subordinate thereto, apply in writing to the Government of the territories within which the prison is situate, and the Government may, if it thinks fit, direct that the person be so removed, subject to such rules regulating the escort of prisoners as the Government may prescribe.