- (1.) THIS petition has been filed by five persons who are undergoing sentence for life on account of various orders of conviction and sentence as stated in Para 2 of this petition. Prayer made is for their transfer to the Open Air Camp in accordance with Rajasthan Prisoners Open Air Camp Rules, 1972.
(2.) LEARNED Counsel for the petitioner sought to rely upon the judgment of this Court in the case of D.B. Civil Writ Petition No. 8994/2006, Ishwar and Ors. v. State of Rajasthan and Ors. decided on 23rd August, 2007 whereby while allowing the writ petition three directions were given by the Court. The operative portion of the order reads as follows: For these reasons, we direct the State to firstly carry out a survey and to collect data with regard to the number of prisoners who are eligible for being transferred to the Camps. Secondly, to establish Camps at each district headquarter for transferring the eligible prisoners. Thirdly, to ensure that the meeting of the Advisory Committee should take place atleast twice in a year to ensure the timely transfer of the eligible prisoners to the Camps.... It was pointed out by the learned Counsel for the State Shri Yadav that against the aforesaid decision of this Court, the State has preferred special leave petition before the Hon'ble Supreme Court in which vide order dated 20th October, 2008 notices were ordered to be issued and the operation of direction No. 2 for establishing Open Air camps at District headquarters has been stayed.
(3.) LEARNED Counsel appearing for the State Shri Yadav assisted by Shri J.K. Sharma, OSD [Home] has brought to the notice of this Court that the State has in the meanwhile taken the steps for establishment of ten Open Air Camps in various Districts and out of which eight are at the stage of completion and as soon as they are completed, they would be notified in accordance with the Rules made in that behalf under the Prisons Act, 1894 [Central Act No. 9 of 1984].;