SHANTI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, said to be the sister of the prisoner Pappu Lal son of Badri Lal Meena, has filed this petition stating the grievance against denial of admission to the prisoner, her brother, in the Open Air Camp.

(2.) WHILE pointing out that the prisoner concerned was convicted for the offences under Sections 148, 302/109, 396, 120B, 307/149, 326/149, 323 and 324 IPC by the judgment and order dated 02.06.2003, as passed by the Additional Sessions Judge (Fast Track), Tonk, it has been asserted that he has served the sentence for more than 11 years; and availed of the first parole for a period of 20 days with good conduct. The petitioner has referred to Rule 3 of the Rajasthan Prisoners Open Air Camp Rules, 1972 ('the Rules of 1972') and has submitted that though convicted for the offence under Section 396 IPC, the prisoner has the exceptional eligibility to be admitted to the Open Air Camp. It is also submitted that the brother of the petitioner is the senior most prisoner in the jail (in terms of the length of serving the sentence) and the prisoners junior to him have been sent to the Open Air Camps.

(3.) BEFORE proceeding further, it may be pointed out that clause (m) of Rule 3, rendering even the unmarried persons ineligible for admission to Open Air Camp, has already been pronounced against and struck down as invalid by this Court [vide order dated 20.11.2011 passed in D.B.Criminal Parole Petition No.8587/2011: Geeta Devi Vs. State of Rajasthan; and order dated 24.04.2012 passed in D.B.Criminal Parole Petition No.3286/2012: Udi Vs. State.]