Mejar Singh vs State And Ors

The convict-prisoner Mejar Singh has preferred the instant parole writ petition seeking to assail the recommendations dated 11.04.2019, 12.04.2019 and 15.04.2019 issued in the meeting of the Open Air Camp Committee held in the office of the Director General Prisons, Jaipur, whereby, the application preferred by the petitioner for being sent to the Open Air Camp was rejected.

Shri Kaluram Bhati, Advocate, representing the petitioner, vehemently argued the matter with reference to the Rajasthan Prisoners Open Air Camp Rules, 1972 but on realizing that the Court was not inclined to grant the relief sought for, he prayed for permitting to withdraw the writ petition urging that the Court may be allowed to file a fresh application to the competent authority for being sent to the Open Air Camp.

However, we are not convinced with bonafides of the said prayer of Shri Kaluram Bhati & thus, proceed the matter to decide on merits.

The admitted facts that are available on record reveal that the petitioner was convicted for the offences punishable under Sections 302, 449 IPC and 27 of the Arms Act by the Additional Sessions Judge No.1, Hanumangarh vide judgment dated 18.01.1994 and was sentenced to life imprisonment. While serving imprisonment, he was sent to the Open Air Camp from where he absconded & could be re-arrested after more than thirteen years. Thereafter, he was found involved & was convicted for the offence punishable under Section 8/15 of the NDPS Act by the Additional Sessions Judge, Mansa vide judgment dated 10.05.2013 and sentenced to undergo three months rigorous imprisonment. He was also convicted for the offence punishable under Section 224 IPC by the Judicial Magistrate, First Class, Sri Vijaynagar vide judgment dated 05.09.2013 and sentenced to undergo three months' simple imprisonment.

The contention of Shri Kaluram Bhati that the petitioner has spent more than six years in the prison with good conduct, thus, he is now entitled for admission to Open Air Camp is absolutely untenable. In this regard, reference may be laid to clauses 3(c), 3(d), 3(f), 3(g) of the Rules of 1972. The petitioner was admitted into the Open Air Camp, Jaitsar, from where he absconded, whereupon, FIR No.192/2000 came to be registered against him for the offence punishable under Section 224 IPC. During the absconding period, the petitioner was found involved in the offence punishable under Section 8/15 of the NDPS, Act for which he was punished as above. He was re-arrested in the case of murder after more than thirteen years and after considering these facts, the State authority have turned down the prayer of the petitioner for being sent to the Open Air Camp and rightly so in our opinion Shri Kaluram Bhati has referred to a circular dated 15.11.1999 issued by the Director General Prisons, Jaipur as per which, it is provided that a prisoner is entitled to be admitted to the Open Air Camp, even if he has been sentenced for a restricted offence (for the offence punishable under Section 224 IPC in the case of the petitioner).

We are afraid that even the said notification does not come to the aid of the petitioner because apart from the fact that he has been convicted for the above restricted offence, he also escaped from the jail, thus, by virtue of clause 3(c) of the Rules of 1972 he is disqualified from being sent to the Open Air Camp. Further by absconding from the jail, the petitioner can be construed as not having good conduct in jail, thus he is also ineligible by virtue of clause 3(g) of the Rules of 1972.

In addition thereto, as per clause 3(f) of the Rules of 1972, prisoners who are habitual with more than two previous convictions to their credit are also ordinarily ineligible for admission to Open Air Camp. The petitioner carries ineligibility on four grounds of Rule 3 of the Rules, 1972 and thus, by no means can he be held entitled to be sent to the Open Air Camp.

In view of the discussion made above, we are of the opinion that the petitioner is not entitled to be sent to the open air camp.

Hence, the instant parole writ petition is hereby dismissed being devoid of merit.

No order as to costs.