- (1.) A letter sent by Shri Mahaveer Singh son of Shri Vishal Singh undergoing life imprisonment at Open Air Camp, Bhilwara is treated as petition for writ under Article 226 of the Constitution of India. By the letter aforesaid the petitioner is claiming admission to his mother Smt. Anoop Kanwar wife of Vishal Singh to Open Air Camp, Bhilwara from Mahila Jail, Jaipur.
(2.) NECESSARY facts of the case are that the petitioner and his mother Smt. Anoop Kanwar were convicted by learned Additional Sessions Judge, Parbatsar for the offences punishable under Sections 302 and 449 Indian Penal Code and were sentenced to undergo life term imprisonment. The petitioner being eligible for admission to Open Air Camp as per the provisions of the Rajasthan Prisoners Open Air Camp Rules, 1972 (hereinafter referred to as "the Rules of 1972") transferred to Open Air Camp, Bhilwara, however, such admission to his mother Smt. Anoop Kanwar was denied being above the age of 60 years. Suffice to mention here that as per clause(h) of Rule 3 of the Rules of 1972 the prisoners who are below 25 years of age and above 60 years of age are ordinarily not eligible for being sent to Open Air Camp. Smt. Anoop Kanwar is above the age of 60 years, therefore, she was not permitted to have lodging at Open Air Camp. Being aggrieved by the same this petition for writ is preferred. This Court by order dated 8.11.2012 while noticing preamble of the Rules of 1972 sought rational of clause(h) of Rule 3 of the Rules aforesaid. Relevant portion of the order dated 8.11.2012 reads as under:- "Suffice to mention that clause (h) of Rule 3 of the Rajasthan Prisoners Open Air Camp Rules, 1972 (hereinafter referred to as 'the Rules of 1972') prescribes that "prisoners who are below 25 years of age and above 60 years of age" shall ordinarily be not eligible for being sent to Open Camp. The provision aforesaid is certainly not mandatory but directory. However, looking to the objects of the Rules of 1972 as mentioned in preamble of the rules we are having doubts about nexus of the provision aforesaid with the object sought to be achieved. As per the preamble, the Government of Rajasthan framed the Rajasthan Prisoners Open Air Camp Rules, 1972 for sending convict to Open Air Camp with a view to encourage good conduct, satisfactory work performance and a life of self discipline amongst the convict of Rajasthan. Prima facie we failed to understand as to how the maximum age limit prescribed under clause (h) of Rule 3 is having any nexus with the objects and what is the rational of prescribing the age ceiling for admission to Open Air Camp. Learned Addl. Government Advocate is directed to file a detailed reply to the writ petition explaining the rational of the provision referred above.
(3.) NO explanation as desired by the Court has been provided on behalf of the respondents. As such, we are not inclined to examine nexus of clause(h) of Rule 3 with object sought to be achieved under the Rules of 1972. The clause(h) of Rule 3 of the Rules of 1972 is a provision of directory nature, therefore, we are examining case of the petitioner on its other merits. Convict prisoner Smt. Anoop Kanwar is languishing herself at Mahila Jail, Jaipur being sentenced for life term. She has already served sentence for a period of 11 years 11 months and 27 days excluding jail and State remissions, as such, she is eligible to be admitted to Open Air Camp except for the reason pertaining to clause(h) of Rule 3 of the Rules of 1972. Rule 3 of the Rules of 1972 being a directory provision, deviation from it is required to be examined.;