MATHUR, J. - (1.) AN application submitted by Smt. Geeta Devi, mother of convict Shri Prahlad Ram, has been treated as petition for writ and the contents of that are as under:- JUDGEMENT_1711_RAJLW2_2012Image2.jpg JUDGEMENT_1711_RAJLW2_2012Image2.jpg
(2.) IN view of the provisions of Rule 3(m) of the Rajasthan Prisoners Open Air Camp Rules, 1972 (hereinafter referred to as "the Rules of 1972") the respondents are not considering claim of convict Prahlad Ram for admission to open air camp. Rule 3(m) aforesaid provides that a prisoner who is unmarried shall ordinarily be not eligible for being sent to open camp. The issue requires adjudication is that whether the material status of a prisoner can be a reason sufficient for denying admission to open. air camp or the classification of prisoners on basis of their marital status is having any rational for admission to open air camp? The intent of the Rules of 1972 is to encourage good conduct, satisfactory performance of work, life of self-discipline among the convicts, pre-release to the convicts, opportunity to learn social adjustment and economic self-dependence of the prisoners. Under the Rules of 1972 the work at open air camp, internal management of the camp, lodging and boarding at the camp are also designed in a fashion to avail the intent aforesaid.
(3.) AS per Rule 7 of the Rules of 1972, work in open camp shall be as under:- "(a) The prisoner will get one or more of the following work in the Open Camp (i) Agriculture. (ii) Manufacturing or industrial work. (Hi) Work in any form. (iv) Any work of public utility. (v) Construction work, digging of canals or dams. (b) Any prisoner desires of perusing a hobby as a side work apart from the vocation that he adopts, will be allowed to do so wit the permission of the works and discipline committee. (c) Every prisoner shall devote at least two hours a day twice a work for work of common utility which will be decided by the works and discipline committee." The internal management of the camp as per Rule 11 of the Rules of 1972 is through the Prisoners Panchayat, Works and Discipline Committee and Prisoners, Cooperative Society established in the Open Camps. Sub-rule (2) of Rule 11 provides that the prisoners panchayat shall consist of not less than Five and not more than seven members as may be decided by the Inspector General of Prisons, keeping in view the number of prisoners in a camp. The Panch shall be elected by the prisoners, but a casual vacancy shall be filled by nomination by the Inspector General of Prisons from amongst the prisoners. The term of each panchayat will be for a year. The prisoner's panchayat is empowered to deal with minor acts of omission/commission/misconduct of the prisoners and it may impose the penalties prescribed in the rule itself. The Works and Discipline Committee in each camp shall consist of not more than seven members representing various trades and crafts adopted by the prisoners of the camp. The Inspector General of Prisons is empowered to nominate members to the committee aforesaid and the officer-in-charge of, the camp is required to preside it. The committee is having an authority to prepare a work programme and a code of conduct for camp prisoners. AS per sub-rule (4) of Rule 11 of the Rules of 1972 the cooperative society of the prisoners shall supply and serve day to day needs in the camp.;