SUNIL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has challenged the order dated 13-2-06 passed by the Advisory Committee constituted under the Rajasthan Prisoners Release (Transfer to Open Air Jail ) Rules, 1972 (henceforth to be referred to as 'the Rules) whereby the Committee had rejected the petitioner's case for being transferred from the Central Jail, Jaipur to an Open Air Camp in Jaipur.

(2.) THE brief facts of the case are that the petitioner was tried, convicted and sentenced for offence under Section 302/49 IPC by the Sessions Judge, Jhunjhunu vide judgment dated 11-10-2000. THE petitioner had preferred an appeal before this Court. However, the same was dismissed vide judgment dated 18-12-98. It is the petitioner's case that so far he has completed eight years of imprisonment, that he is the only son of Smt. Sugani Devi who is suffering from hypertension and asthma for the last ten years. During the period of incarceration, his conduct in the jail has been good. Since there is no one to look after his ailing mother, the petitioner had applied for his transfer from the Central Jail to the Open Air Jail at Sanganer in Jaipur under the Rules. Since the respondents had not acted upon his application, the petitioner had earlier preferred a writ petition before this Court, which was registered as DBCWP No. 9030/05. Vide order dated 9-1-06 this Court had directed the respondents to consider the petitioner's case for being transferred to the Open Air Camp at Sanganer. THErefore, the Advisory Committee had considered the petitioner's case in its meeting on 13-2-06 and rejected the same. Hence, this petition before this court.

(3.) IN the result, this petition has no merit. It is, hereby, dismissed. .