K. K. Sonawane, J. - (1.) The points of controversy in all these petitions are centered on the question of transfer of petitioners-prisoners from Open District Prison, Paithan, to Central Prison, Aurangabad, under the Maharashtra Open Prisons Rules, 1971 (here-in-after, called as, "Rules of 1971", for the sake of brevity), therefore, all these allied petitions are dealt with together for its adjudication on merit by this Common Judgment.
(2.) The respective petitioners, invoking remedy under Articles 226 and 227 of the Constitution of India, preferred the present Writ Petitions seeking primarily following reliefs :- A) To issue appropriate Writ, order or direction and to allow the Petition, and thereby direct the Respondent No.3 to send Petitioner in Open Prison, and, or, B) To issue appropriate Writ, order or direction and thereby direct the Respondents to give Open Prison Remission to Petitioner from 29.03.2019 till the date he is again transferred to Open Jail, and, or, C) To issue appropriate Writ, order or direction to quash and set aside the acts of Respondents including Registration of offence, if any, and, or.
(3.) The petitioners are convicted for the offence punishable under Section 302 of the Indian Penal Code (IPC) and they all are sentenced to suffer imprisonment for life. After conviction, initially, the petitioners were lodged in Central Prison, Yerwada as well as Kolhapur, respectively, to serve-out the punishment. Meanwhile, these petitioners were selected for confinement in Open Prison as prescribed under Rule IV of the Rules of 1971. Accordingly, the petitioners were transferred from Central Prison, Yerwada and Kolhapur to Open Prison at Paithan, District Aurangabad.;