Banshi Lal vs State of Rajasthan and Others

The Petitioner, a convict, for live imprisonment by this petition for writ is claiming his transfer to Open Air Camp as per provisions of the Rajasthan Prisoners Open Air Camp Rules, 1972 (for short ''the Rules of 1972'' hereinafter).

As per averments contained in the petition, the Petitioner is undergoing life imprisonment from last 09 years and 07 months. He has already completed 2/3rd part of the sentence about 02 years back. The Respondents rejected the claim of the Petitioner for transferring to Open Air Camp, thus, a notice for demand of justice was given by him through his counsel. In response thereto vide letter dated 26.8.2010, it was communicated that the transfer to Open Air Camp as claimed cannot be made as a penalty was suffered by the Petitioner on 18.1.2008.

A reply to the petition is also filed mentioning therein that as per Rule 3(g) of the Rules of 1972, a person whose conduct in the jail is not good, is not required to be considered for being sent to Open Air Camp.

Heard learned Counsel for the parties.

As per Rule 3, a Prisoner whose conduct in the jail is not good is ordinarily not required to be transferred to Open Camp, provided that a prisoner who would have not received any jail punishment for two years preceding the date of the recommendations of his name for admission to the Open Camp may be considered for such transfer. In the case-in-hand, admittedly, the last penalty was imposed upon the Petitioner on 8.1.2008, thus, he has completed the term of 02 years from the date of imposition of penalty. The Petitioner, thus, in no manner suffers any ineligibility as prescribed under Rule 3(g). It is position admitted that number of persons who stand at lower pedestal in the seniority settled for consideration of the cases for transfer to the Open Camp have already been transferred to the Open Camp as per Rules of 1972.

The case of the Petitioner, therefore, is required to be considered in accordance with law afresh.

This petition for writ (parole), thus, is disposed of with a direction to the Respondents to consider case of the Petitioner as per Rules of 1972 within a period of one month from today, afresh.