- (1.) THE petitioner-convict has sent this letter petition on the grievance that his case for transfer to the Open Air Camp is not being considered; and has stated several of the factors, including the poor financial condition, ripe old age of the parents, and the impending responsibilities of marriage of siblings wherefor he seeks early transfer to an Open Air Camp.
(2.) THE respondents in their reply have submitted that as on 31.12.2012, the petitioner has actually served the sentence for a period of 10 years 7 months and 28 days and with remissions, the total period of serving comes to 11 years 5 months and 20 days; and an appeal against the conviction and sentence is pending before the Hon'ble Supreme Court. However, so far as the request for sending to the Open Air Camp is concerned, the respondents have submitted that the petitioner did not move any such application before the authorities of the Central Jail, Udaipur and whenever moved, such an application would be sent to the Directorate for consideration. In the totality of the facts and circumstances, we are of the view that instead of standing on unnecessary ceremonies, the respondents may consider the application as moved by the petitioner in this Court itself to be an application for transfer to Open Air Camp and process the same immediately so as to take a final decision thereupon at the earliest, preferably within 60 days from today. Ordered accordingly.
(3.) THIS petition stands disposed of with the directions and requirements aforesaid while making it clear that in case of any grievance remaining yet, it shall be open for the petitioner to take recourse to the appropriate remedies in accordance with law.;