RATAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner-Ratan Lal. convicted for offence under S. 302, I.P.C. incarcerated in Central Jail, Ajmer, at the dusk of his life wishes to be re-united with his son Phool Chand, who is undergoing his sentence at the Sampurnanand Open Jail, Durgapura, Jaipur. The petitioner has challenged the omission on the part of the respondents in not transferring him from Central Jail, Ajmer to the Open Jail at Durgapura, Jaipur.

(2.) The brief facts of the case are that the petitioner along with his son Phool Chand were convicted for offence under Ss. 302/ 149, I.P.C.and were sentenced to life Imprisonment by the Sessions Judge, Jhalawar. The petitioner is in judicial custody since 1-1-1995. The appeal filed by the petitioner and his son was dismissed by this Court. Considering the excellent conduct of the petitioner's-son Phool Chand he was transferred from the Central Jail, Ajmer to the Sampurnanand Open Jail at Durgapura, Jaipur. The petitioner, who happens to be 69 years old, moved an application before the respondents for also transferring him from Central Jail, Ajmer to the Open Jail at Durgapura, Jaipur. However, his request has been turned down ostensibly on the ground that according to R. 3(h) of Rajasthan Prisons Open Air Camp Rules, 1972 (henceforth to be referred to as 'the Rules, for short) a convicted prisoner above the age of 60 is ordinarily not entitled for being transferred from the Central Jail to the Open Air Camps. Hence this petition before this Court.

(3.) Mr. Sumer Singh, learned counsel for the petitioner, has contended that the petitioner is an old man, who is not keeping too good an health, in the last years of his life he would like to be reunited with his son and other family members who are staying at the Sampurnanand Open Jail in Jaipur. He has further contended that although according to R. 3(h) of the Rules a convict prisoner above the age of 60 years are not eligible for being transferred to the Open Air Camp, but the word used is "ordinarily." Therefore, the said rule is not mandatory, but is merely directory in nature. Lastly, Mr. Sumer Singh has contended that the petitioner has spent for about 15 years in incarceration. His conduct in the jail has been good throughout. Therefore, he should be transferred to the Open Air Camp at Durgapura, Jaipur.