STATE OF RAJASTHAN & ORS. Vs. FARUQUE HUSSAIN

JUDGEMENT

(1.) The present appeal arises from order dated 23.01.2015, allowing S.B. Civil Writ Petition No. 14407 of 2014. The learned Single Judge held that the order dated 17.09.2014 declining the request of the respondent for transfer from Central Jail, Sever, Bharatpur to Open Air Camp was unsustainable.

(2.) Learned counsel for the State submits that Rule 3 of the Rajasthan Prisoners Open Air Camp Rules, 1972 (hereinafter called 'the Rules) provided that prisoners convicted inter alia for offence under Section 376 I.P.C., for which the respondent had been convicted, were ordinarily not eligible for being sent to Open Air Camp.

(3.) We have heard Counsel for the respondent also. The Committee while considering the case of the respondent correctly appreciated the purport and scope of Rule 3 that "ordinarily", which in other words euphemistically means "normally", a person convicted under the aforesaid Section was not entitled to be transferred to Open Air Camp. But the Committee has simply relied upon the Rules without giving any reasons that what were the extraordinary or special circumstances why he was not entitled to the benefit. We have gone through the recommendation of the Committee. No reasons have been assigned. The learned Single Judge has rightly opined that if the power under the Rules was discretionary, it had to be exercised by spelling out reasons. In AIR 1961 SC 1346, Kailash Chandra v. Union of India , it has been held that the word "ordinarily" does not mean invariably.