KISHNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PRAYER of the petitioners, who are incarcerated in Central Jail Ajmer, for transfer to the Open Air Camp was rejected on the ground that they are above 60 years of age. Since relief sought in these petitions is identical, they are taken up together for disposal.

(2.) AS per the facts stated in writ petition No. 3480/2004, as many as thirteen members of petitioner's family, including Jagan Nath, the son of the petitioner were convicted and sentenced. They subsequently were transferred to Sampurana Nand Open Air Camp Sanganer Jaipur. Jagan Nath, the son of the petitioner, is willing to take the responsibility of the petitioner. An affidavit has been filed by Jagan Nath in the form of undertaking. Similarly in writ petition No. 3481/2004 petitioner's son Jagdish and in writ petition 3482/2004 petitioner's son Ram Dayal have filed affidavits to the same effect.

(3.) A travel though the case law relating to prisoners demonstrates that big void exists in the legal remedies for prisoner injustices. In such a situation the courts have to be dynamic and diversified in meeting out remedies to prisoners. Reformation, not vindictive suffering should be the purpose of the penal treatment of prisoners. The prisoner should be made to realise the his destiny is in his own hands. Prison discipline should be such as to gain the will of the prisoner and conserve his self respect. The aim of the prison should be to make industrious fee men rather than orderly and obedient prisoners. Urgent requirement of Indian Prisons now a days is to reduce tension and raise the pace of rehabilitation. It is only the `judicial Watchtower' that can control `prison power. '