Rajasthan High Court
Sonu @ Riyasat Ali S/O Nisar Ahmed vs State Of Rajasthan on 16 March, 2022
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 1591/2021
Sonu @ Riyasat Ali S/o Nisar Ahmed, Aged About 27 Years, R/o
Maliyon Ka Mohalla Kanwas, Police Station Kanwas, District Kota
(Raj) (At Present In Central Jail Kota) Through His Sister Namely
Neha Parveen D/o Nisar Ahmed Aged About 33 Years R/o Near
Govt. Sr. Sec School Kanwas, Police Station Kanwas, District
Kota (Raj)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Home,
Secretariat, Jaipur
2. Prisoners Open Air Camp. Advisory Committee, Through
Its Director, Jaipur
3. Director General Of Prisons, Directorate Prisons
Rajasthan, Ghatgate Jaipur
4. Superintendent Central Jail, Kota
----Respondents
For Petitioner(s) : Mr. Vishram Prajapati, Adv.
For Respondent(s) : Mr. Deshraj Gosingha, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
16/03/2022
The instant writ petition has been preferred by the convict
petitioner Sonu @ Riyasat Ali for assailing the adverse
recommendations dated 22.09.2021 issued by the Open Air
Committee, Government of Rajasthan, Jaipur whereby, the
application preferred by the convict petitioner for being sent to the
Open Air Camp was rejected.
Learned counsel for the petitioner submits that petitioner is
eligible for transferring the Open Air Camp. As per the seniority,
(2 of 4) [CRLW-1591/2021]
he fulfills all the requisite qualifications for availing Open Air
Camp. Petitioner had filed S.B. Criminal Writ Petition 1323/2021
and the same was disposed of with the directions to respondents
to ensure that no prisoner having less period of custody than the
petitioner be shifted to Open Air Camp before the petitioner if he
is otherwise entitled. The said petition was decided on
08.09.2021. Learned counsel for the petitioner also submits that
case of the petitioner for transferring the Open Air Camp was
placed before the Prisoners Open Air Camp Advisory Committee
and Committee rejected the case of the petitioner on the ground
that as per Rule 3 (d) and 4 (a) of Rajasthan Open Air Camp
Rules, 1972 petitioner is not eligible for granting Open Air Camp
reasons given by Committee that the petitioner was convicted
under Offence of 376 IPC and 4 & 6 of POCSO Act. The Committee
in its order stated that other convicts are residing in the Open Air
Camp with their wives and daughters and hence, it is not safe to
send the petitioner to Open Air Camp.
The Division Bench of this Court in the case of Subhash
Chand Vs. State of Rajasthan & Ors., (D.B. Civil Writ
Petition No. 12020/2013, decided on 30th August 2014
reiterating its earlier view in Krishna & Anr. Vs. State of
Rajasthan & Ors. : 2004 (4) WLC (Raj.) 582 & Geeta
DeviVs. State of Rajasthan : 2012 (3) WLC (Raj.) 146, has
held in paras 10 and 11 of the said Judgment, ad-infra:-
"10. Since rule 3 of the Rules of 1972 has
already been considered and the word
'ordinarily' has already been interpreted as
'not necessarily', therefore, respondents
cannot refuse to accept and consider the
applications of the petitioners, subject to
other conditions. The present matters are
(3 of 4) [CRLW-1591/2021]
fully covered by decisions of this Court in
Krishna & Anr. Vs. State of Rajasthan (supra)
& Geeta Devi Vs. State of Rajasthan (supra).
11.In view of above discussion, we allow
both the writ petitions and direct the
respondents to accept and consider the
applications of the petitioners for their
transfer to open air camp, in accordance with
law and in case they are otherwise eligible,
as early as possible, but not later than a
period of three months from the date of
receipt of copy of this order."
I have heard and considered the submissions advanced by
the petitioner's counsel and the learned Public Prosecutor have
gone through the impugned order and the material placed on
record.
In view of the above, respondents has wrongly rejected the
application of the petitioner for availing the Open Air Camp. In my
considered opinion, observation made by the Committee in the
adverse recommendations is absolutely extraneous and
unwarranted. Merely because the convict is of young age and
other ladies/ girls are living in the Camp, that by itself would not
imply that the accused would misbehave with them. Needless to
say that if any convict is found behaving in an improper manner
while being at the Open Air Camp, the indulgence so granted can
always be cancelled because the opportunity to continue at the
Open Air Camp is always subject to display of good behaviour by
the convict.
As a consequence, the impugned recommendations
22.09.2021 issued by the Open Air Committee, Government of
Rajasthan, Jaipur are hereby quashed qua the petitioner. It is
hereby directed that the convict petitioner shall forthwith be sent
to the suitable Open Air Camp.
(4 of 4) [CRLW-1591/2021]
The writ petition is allowed accordingly.
(NARENDRA SINGH DHADDHA),J
Jatin/136
Powered by TCPDF (www.tcpdf.org)
