- (1.) IN this matter, the petitioner Munshi Ram S/o Lal Chand who is serving sentence in Open Air Camp at Jetsar, Sriganganagar has made the prayer for consideration of the case of his father-prisoner Lal Chand, who is about 85 years of age and is undergoing sentence in Central Jail at Bikaner.
(2.) IT appears that earlier too, the said prisoner Lal Chand made a petition in this Court being Parole Petition No.6245/2013 stating grievance against non-consideration of his case for transfer to Open Air Camp with reference to the clause (h) of Rule 3 of the Rajasthan Prisoners Open Air Camp Rules, 1972, which provides an ineligibility for admission to Open Air Camp to the persons above the age of 65 years. This Court considered and disposed of the said petition on 27.05.2013, inter alia, with the following observations: - "Convict-prisoner Mr. Lalchand is admittedly an old man of 85 years and his son Munsi Ram, who too was convicted alongwith his father, has already been admitted to open air camp. The provisions of Rule 3 of the Rules of 1972 are directory in nature and deviation from that is permissible in exceptional circumstances. The case in hand is certainly an exceptional one in view of the fact that necessary care of the petitioner can very well be taken at open air camp by his son Munsi Ram, who has already been transferred to open air camp. In view of the aforesaid factual position, we deem it appropriate to accept this writ petition. Accordingly, the same is allowed. The respondents are directed to consider case of the petitioner for admission to open air camp as per the provisions of the Rules of 1972, by ignoring the condition prescribed under clause (h) of Rule 3 of the Rules of 1972." It appears that after the aforesaid requirement by this Court, the respondents proceeded to consider the case of the prisoner concerned but chose to decline the prayer for transfer to Open Air Camp now with reference to the length of imprisonment served by him and with the observations that the other prisoners senior to him in terms of the length of serving were yet to be shifted to Open Air Camp.
(3.) THE present petitioner Munshi Ram has stated in the petition that his father, who is 85 years of age, does not require any separate accommodation and would be residing with him only; and thereby, the rights of any other prisoner would not be curtailed.;