AJIT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant writ petition has been preferred by the convict petitioner Ajit Singh for assailing the adverse recommendations dtd. 19/1/2022 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.) We have heard and considered the submissions advanced by the petitioner's counsel and the learned AAG Shri Anil Joshi and, have gone through the impugned order and the material placed on record.

(3.) Earlier also, the application filed by the petitioner for being sent to the Open Air Camp was rejected by the Committee upon which, D.B. Criminal Writ Petition No.563/2021 was filed to challenge the same. The said writ petition was accepted by this Court vide order dtd. 1/12/2021. The adverse recommendations were quashed and the respondents were directed to reconsider the case of the convict petitioner for being sent to the Open Air Camp in light of this Court's Judgment in the case of Nirbhay Singh @ Nabbu Vs. State (D.B. Criminal Writ No.38/2018), decided on 4/4/2018 and without resorting to the restrictions contained in Rules 3 and 4 of the Rajasthan Prisoners Open Air Camp Rules, 1972. The Committee reconsidered the case of the petitioner and rejected the application in the following manner: