KAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants, in these appeals, arising from the judgment dated 17/1/2002 passed by Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur convicting of offence under S. 302, I. P. C. and sentenced to imprisonment for life, nowhere else but in the open jail situated in Mandore, Jodhpur. Before giving factual matrix of the case, it would be convenient to give a prepatory note about the place of occurrence i.e. Open Jail.

(2.) It is claimed that in the history of prison development in India, the establishment of open prison is the most remarkable innovation. It has opened a new vista in the realm of correctional treatment promising an offender greater freedom, natural surrounding and lesser tension which culminate in creating an atmosphere more conducive to reform himself and to achieve social, moral and economic rehabilitation in the society. The underlying philosophy of administration, mode of maintaining discipline and enforcement of orders and assessment of problems and methods of tackling them, being different from those of the closed prisons, instil a sense of self-esteem and social responsibility among prisoners and ease the pains of imprisonment to a greater extent. The Government of Rajasthan in exercise of powers conferred under clause (18) of Section 59 Prisons Act, 1894 has framed the Rules for sending convicts to open air camps. The preamble of the Rules as provided underlying object is as follows:

(3.) The Rules define, "Open air camp" means the place which is declared to be an Open Camp for the detention of prisoners in pursuance of clause (I) of Section 3 of the Prisons Act, 1894. The Rules provide eligibility and ineligibility for admission to open air camp. The convicts recommended by the committee constituted under the Rules are sent to the open air camp. They are supposed to do work assigned to them in the open air camp. Under Rule 8 such convicts are entitled to wages of earning as earned by them on being utilised their services for the use of themselves or their family. The prisoners, group of prisoners are allotted suitable residential accommodation. They are given opportunity to make their own cooking arrangement for their food from their own earnings, within the camp. The prisoners can keep their families in the open camp with the permission of the Inspector General of Prisons. Internal management of the camp vests in the Prisoners' Panchayat and other committees. Panchas are elected by the prisoners. There are certain nominations by the Inspector General of Prisons. Prisoners' Panchayat is empowered to deal with minor acts of omission/commission/ misconduct of the prisoners. It has been vested with the power to impose penalty on the defaulters to certain extent. Prisoners are supposed to attend roll call each morning and evening at the time fixed by the Inspector General of Prisons. There is a prisoners open air advisory committee at the State level under the Director, Correctional Services.