- (1.) THE Petitioner, a convict, for live imprisonment by this petition for writ is claiming his transfer to Open Air Camp as per provisions of the Rajasthan Prisoners Open Air Camp Rules, 1972 (for short 'the Rules of 1972' hereinafter).
(2.) AS per averments contained in the petition, the Petitioner is undergoing life imprisonment from last 09 years and 07 months. He has already completed 2/3rd part of the sentence about 02 years back. The Respondents rejected the claim of the Petitioner for transferring to Open Air Camp, thus, a notice for demand of justice was given by him through his counsel. In response thereto vide letter dated 26.8.2010, it was communicated that the transfer to Open Air Camp as claimed cannot be made as a penalty was suffered by the Petitioner on 18.1.2008. A reply to the petition is also filed mentioning therein that as per Rule 3(g) of the Rules of 1972, a person whose conduct in the jail is not good, is not required to be considered for being sent to Open Air Camp.
(3.) HEARD learned Counsel for the parties.;