KRISHNA MURARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant writ petition has been preferred by the convict petitioner Krishna Murari @ Manish for assailing the adverse recommendations dtd. 15/7/2021 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.

(2.) Learned counsel for the petitioner submits that petitioner is eligible for transferring the Open Air Camp. As per the seniority, he fulfills all the requisite qualifications for availing Open Air Camp. Learned counsel for the petitioner also submits that the petitioner had preferred D. B. Criminal Appeal No.76/2019 against the conviction order which is pending in this Court. 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 6(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 for the offence under Ss. 306 and 376(D) IPC and 3/4 and 11/12 of POCSO Act, 2012. 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.

(3.) The Division Bench of this Court in the case of Subhash Chand v. State of Rajasthan and Ors., (D.B. Civil Writ Petition No. 12020/2013, decided on 30/8/2014 reiterating its earlier view in Krishna and Anr. v. State of Rajasthan and Ors. : 2004 (4) WLC (Raj.) 582 and Geeta Devi v. State of Rajasthan : 2012 (3) WLC (Raj.) 146, has held in paras 10 and 11 of the said Judgment, ad-infra:-