HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 599/2021 Rajendra @ Goru S/o Shri Hetram, Aged About 29 Years, At Present Lodged In Central Jail, Bikaner Through His Father Shri Hetram S/o Shri Ranjeet Ram, Age About 55 Years, R/o Village Bhukharka, P.s. Nohar, District Hanumangarh.
----Petitioner Versus
1. State, Home Dept. Jaipur.
2. The Director General, (Jail), Jaipur.
3. The District Collector, Hanumangarh.
4. The Superintendent, Central Jail, Bikaner.
----Respondents For Petitioner(s) : Mr. K.R. Bhati (through VC) For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 24/01/2022 The petitioner herein has approached this Court with the prayer to direct the respondents to send him to the Open Air Camp, Hanumangarh.
The respondents have filed a reply to the writ petition wherein, copy of the minutes of the meeting held in the office of Director General of Prisons, Jaipur dated 16.04.2021 are annexed as per which, the case of the petitioner for being sent to the Open Air Camp has been turned down holding that he has been convicted for the restricted offences punishable under Sections 376(2)(f) IPC and Sections 5(M) and 6 of POCSO Act and hence, he is not entitled to be sent to the Open Air Camp. (Downloaded on 25/01/2022 at 08:52:22 PM)
(2 of 2) [CRLW-599/2021] Shri Bhati, learned counsel representing the petitioner drew the Court's attention to the order dated 23.11.2021 passed by this Court in case of Sandeep vs. State of Rajasthan (D.B. Criminal Writ Petition No.532/2021) wherein this Court considered the import of the restrictions imposed in Rules 3 & 4 of the Rajasthan Prisoners Open Air Camp Rules, 1972 and observed that the word "ordinarily" used for imposing ineligibility for admission to the Open Air Camp on the basis of specified offences does not absolutely prohibit entitlement of prisoners falling in the class enumerated in the Rules to be sent to the Open Air Camps.
In this background, rejection of the petitioner's case on this sole ground vide minutes dated 16.04.2021 is unjust and hence quashed and set aside. The matter is remanded to the competent Committee which shall re-consider the case of the petitioner for being sent to the Open Air Camp in light of Division Bench judgment of this Court in the case of Sandeep (supra). Requisite exercise in this regard shall be completed within three months from today.
The writ petition is disposed of in these terms. (VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J 11-Sudhir Asopa/-
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