VIDHYA DEVI Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition, the petitioner has questioned legality of decision of State Open Air Camp Committee in refusing to make recommendation for transfer of the prisoner, his son-Krishna Lal, to the Open Air Camp.

(2.) The petitioner's son Krishna Lal was convicted for an offence under Section 302 IPC by the Additional Sessions Judge No.2, Hanumangarh vide judgment dated 21.3.95 in Sessions Case No.62/87 and was sentenced to life imprisonment. He was convicted in yet another case for offence under Section 302 read with Sections 149 and 120B IPC by the Additional Sessions Judge No.1, Hanumangarh vide its judgment dated 27.9.97 in Sessions Case No. 1/97 and sentenced to death. The conviction was upheld by the High Court, however, his death sentence was commuted to the imprisonment for life. On appeal, the Hon'ble Supreme Court vide judgment dated 29.3.01 while upholding the conviction, directed that the imprisonment for life for the convict Krishna Lal shall be the imprisonment in prison for the rest of his life and he shall not be entitled for any commutation or pre-mature release under Section 401 of the Code of Criminal Procedure, Prisoners Act, Jail Manual or any other statute and the rules made for the purposes of grant of commutation and remission.

(3.) Prior to passing of the order dated 29.3.01, the prisoner Krishna Lal was transferred to Open Air Camp, Jaitsar on 31.12.99 and served the sentence from 31.12.99 to 9.4.01 in the Open Air Camp. He was also allowed two regular paroles of 20 and 30 days from 16.3.99 to 4.4.99 and 15.6.2000 to 14.7.2000 respectively, however, after the decision of the Supreme Court dated 29.3.01, the prisoner Krishna Lal was again shifted to Central Jail, Bikaner.