MANISH DIXTI Vs. INSPECTOR GENERAL PRISONS RAJASTHAN

JUDGEMENT

(1.) THE prayer of the petitioner in the instant writ petition is as under:- " It is therefore, humbly prayed that your lordships may graciously be pleased to accept and allow this writ petition and to call for and examine the record of the case and to pass appropriate writ, order or direction in the nature thereof: (i) to direct the respondents to correctly calculate the remission and consequently to grant the benefit of remission properly to the petitioner; (ii) to direct the respondents to include the remission period while calculating the entire sentence spent by the petitioner for the purpose of considering the case for admission to Open Air Camp; (iii) to quash and set aside the order dated January 30, 2003; (iv) to quash and set aside the order dated February 22, 2003; (v) to direct the respondents to send the petitioner to Open Air Camp; (vi) to declare the petitioner as senior most prisoner amongst prisoners in the jail; (vii) to declare the entire action of the respondents as unjust, unfair, improper, unreasonable, arbitrary and unconstitutional; Any other order or direction which your lordships may deem fit and proper may kindly be passed in favour of the petitioner in the interest of justice. "

(2.) THE petitioner averred in the writ petition that he is in jail and undergoing the sentence awarded to him in Sessions Case No. 158/94. THE petitioner was taken in custody on July 12, 1994 in the said case and was finally convicted for the offences under Section 302, 397 and 364 IPC and 7/25 (1) (a) of the Arms Act by the Special Judge SC/st (Prevention of Atrocities Cases) Court, Jaipur. Under Section 302 IPC the petitioner was sentenced to suffer imprisonment for life. THE conviction and sentenced awarded to the petitioner was maintained by the High Court and Apex Court. THE petitioner contended that he is working in the jail factory from September 18, 1995 to August 1, 1996; in library from August 1, 1996 to December 14, 1997; in factory from December 14, 1997 to May 14, 1998. THE petitioner has worked in Convict Section from May 14, 1998 to August 12, 1999; in Raw Material Store from August 12, 1999 to August 15, 2001. From October 15, 2001 the petitioner was made incharge of the Ward. THE petitioner was again assigned the work of library on May 17, 2002 and since then the petitioner has been working in the library of Central Jail Jaipur.

(3.) THE petitioner further averred that Supdt. Central Jail Jaipur vide order dated February 22, 2003 communicated to the petitioner that the petitioner is entitled to get the remission of 542 days i. e. 1 year 6 months and 2 days under Rule 5 (a) and (b), Rule 11 and Rule 17 including special remission of 6 months of year 1999 from October 1, 1995 to January 31, 2003. THE petitioner was denied the special remission of year 1997 on the pretext of conviction for offence under Sec. 120b IPC. THE representation of petitioner was disallowed vide said order dated February 22, 2003 by the Supdt. Central Jail, Jaipur. THE petitioner in the instant writ petition has called in question the aforesaid orders dated January 30, 2003 and February 22, 2003 with a further prayer to direct respondents to send the petitioner in Open Air Camp (for short `oac') and to declare him senior most prisoner amongst the prisoners in jail.