DINESH MAHESHWARI,J - (1.) THESE two parole petitions, essentially made with the prayer for consideration of the case of the concerned prisoner for being transferred to Open Air Camp, being related to the persons who have been convicted in the same case and involving similar nature questions, have been considered together; and are taken up for disposal by this common order.
(2.) THE petitioners herein have been convicted for offences under Sections 396, 302, 395, 397, 458, 459, 460, 380, 323, 324, 325, 326, 120B 148 IPC and Section 8/18 of the NDPS Act by the Special Judge, NDPS Cases, Pratapgarh in the judgment and order dated 2005. 3 Both the petitioners have served the sentence for over 11 years; and both have made the prayer for being admitted to Open Air Camp. In view of Rule 3 of the Rajasthan Prisoners Open Air Camp Rules, 1972 ('the Rules of 1972'), the petitioners are ordinarily ineligible for admission to Open Air Camp because of their conviction, inter alia, under Sections 396 and 460 IPC. We have considered the operation and import of Rule 3 of the Rules of 1972 in the decision rendered today in D.B.Criminal Parole Petition No.5463/2012: Shanti Devi Vs. State of Rajasthan & Ors., wherein, after referring to Rule 3 and the decisions of this Court dated 13.02.2012 in D.B.Criminal Parole Petition No.327/2012: Rafiq Vs. State of Rajasthan & Ors. and dated 27.03.2008 in D.B.Criminal Parole Petition No.1174/2008: Gaju Ram Vs. State of Rajasthan & Ors., we have observed as under:- "While looking at the normal and ordinary operation of Rule 3 ibid., we find that it has been framed for the purpose of providing ordinary ineligibility for certain classes of prisoners as regards admission to Open Air Camp. Hence, a prisoner answering to any of the clauses (a) to (l) of Rule 3 is ordinarily not eligible to be admitted to Open Air Camp. However, any such prisoner could yet be considered for admission to Open Air Camp but then, the requirement for consideration of his case would be that some such fact/factor/circumstance is or are established that his case falls in a category other than ordinary i.e., an exceptional one. To put it in other words, the normal and ordinary rule is that a prisoner falling in any of the clauses (a) to (l) of Rule 3 is ineligible for admission to Open Air C& but, there could still be exceptional reasons due to which, despite falling in such ineligibility clauses, a prisoner might be sent to the Open Air Camp. In view of the above, we are clearly of the opinion that every individual case would require consideration on its own merits and unless an exceptional case is made out, ordinarily, a prisoner falling within clauses (a) to (l) of Rule 3 shall not be eligible for being sent to Open Air Camp. However, upon making out an exceptional case, he could, of course, be considered for admission to the Open Air Camp." When we examine individual cases in these letter petitions in the light of the position of law aforesaid, it is noticed that the petitioners-prisoners have attempted to state several adversities being suffered by their families; and their intense desire to support the family members who are said to be in distress, physically and financially. However, from the submissions as made in the letters, no specific reason could be culled out so as to come to a definite conclusion about the requisite exceptional reason for admission of the petitioners to Open Air Camp. In the given set of facts and circumstances, though as at present, we are not inclined to issue the directions as prayed for but it does appear appropriate to leave the matter open for the petitioners to make out a case of exceptional nature and so also open for the respondents to consider each individual case on its merits while making it clear that dismissal of these petitions at the present stage shall not be of impediment in that regard. Accordingly and in view of the above, these petitions, as at present stage, stand dismissed.
(3.) HOWEVER, we make it clear that dismissal of the petitions shall not be of any impediment for the prisoner concerned in applying for transfer to Open Air Camp afresh but, only after stating the specific reasons for consideration of his case as being of exceptional nature so as to be shifted to Open Air C& and upon making of such application, it shall always be permissible for the authorities to examine as to whether any exceptional case is made out for transfer of the prisoner concerned to the Open Air Camp.;