DINESH MAHESHWARI,J. - (1.) THIS petition has been moved on behalf of the petitioner prisoner Banta Singh son of Kartar Singh by his wife Smt. Mindo Bai seeking the relief of transfer of her prisoner husband to Open Air Camp.
(2.) IT is submitted that the petitioner prisoner, being about 72 years of age, is not likely to be considered for admission to Open Air Camp in view of Clause (h) of Rule 3 of the Rajasthan Prisoners Open Air Camp Rules, 1972 ('the Rules of 1972) although such provisions have already been interpreted by this Court as being directory and not of an absolute bar over consideration of the case of an individual if there be any reason and circumstance justifying his transfer to the Open Air Camp. Several orders passed by this Court have been referred, including the order dated 10.12.2012 in Parole Petition No. 10879/2012: Mahaveer Singh Vs. State of Rajasthan and Ors.; order dated 27.05.2013 in Parole Petition No. 6245/2013: Lal Chand Vs. State of Rajasthan; and order dated 20.10.2011 in Parole Petition No. 8143/2011: Hari Singh Vs. State of Rajasthan. It is also submitted that the petitioner prisoner's brother in law Shri Bhajan Singh son of Hari Singh, who is at present serving the sentence at Open Air Camp, Jetsar shall carry the liability of maintaining and taking care of the petitioner prisoner Banta Singh upon his transfer to the Open Air Camp. The respondents in their reply have submitted that the petitioner prisoner, having been convicted for the offences under Sections 147,302/149, 447/149 IPC and having been sentenced, inter alia, to life imprisonment, has served the actual sentence for a period of about 7 years 6 months and 15 days as on 14.05.2013 and has earned remissions of about 1 year. It is also submitted that the conduct of the petitioner prisoner in the Jail is satisfactory but as per the Senior Medical Officer, due to old age, he is unable to work. It is also submitted by the respondents that the petitioner prisoner has not submitted any application seeking transfer to Open Air Camp at the Central Jail, Sriganganagar and has directly approached this Court. It is, however, submitted with reference to Rule 3(h) of the Rules of 1972 that the petitioner, being 72 years of age, is not eligible to be sent to the Open Air Camp. It is also submitted with reference to Rule 4(b) of the Rules of 1972 that a prisoner is eligible for admission to Open Air Camp only if he is regularly performing his scheduled tasks in the jail factory or in the jail service; but when, in the present case, the petitioner prisoner is unable to perform any task because of old age, he is not eligible for being sent to Open Air Camp.
(3.) AFTER having given thoughtful consideration to the rival submissions and having examined the record, we are of the view that the case of the petitioner prisoner for transfer to Open Air Camp deserves to be considered by the respondents from the practical stand point and with reference to the ground realities.;