- (1.) THESE two matters, relating to the same prisoner and involving similar issues, have been considered together; and are taken up for disposal by this common order.
(2.) THE petitioner, who is wife of the prisoner Ashok Vaishnav son of Vishnu Prasad Vaishnav, seeks directions in these petitions for transfer of her husband to Open Air Camp. A perusal of the record makes out that earlier, a petition of the similar nature (No. 8334/2012) was filed wherein this Court, by the order dated 12.09.2012, directed the authorities concerned to decide the case of the prisoner concerned for being shifted to the Open Air Camp within one month. According to the respondents, in compliance of the order so passed by this Court, the Committee concerned considered the case of the prisoner Ashok Vaishnav on 05.10.2012 alongwith the cases of other prisoners seeking such transfer; and with reference to the provisions of the Rules of 1972, the prisoners having served longer term of imprisonment were given preference; and the prisoner Ashok Vaishnav, having served lesser sentence, could not be transferred to Open Air Camp. It is also submitted that the case of the prisoner Ashok Vaishnav for transfer to Open Air Camp was again forwarded to the Directorate of Prisons on 06.12.2012; and the same was, again, considered by the Committee on 29.04.2013 but he could not be selected because as on 30.06.2012, the last selected prisoner for Open Air Camp had served the sentence for 11 years 5 months 20 days whereas the prisoner Ashok Vaishnav had served for only 10 years 5 months and 4 days.
(3.) IT has also been stated on behalf of the prisoner that certain other prisoners, who had served lesser sentence have been sent to the Open Air Camp and he has not been treated fairly. In regard to these submissions, the respondents have pointed out in their reply and additional affidavit (as filed in Petition No.8462/2013) as under: - "5. That in this regard, it is submitted that the prisoner Ashok Vaishnav (husband of the petitioner) undergone 08 years, 10 Months and 23 days till 31.03.2011 whereas prisoner Saleem served sentence 09 years 08 Months and 07 days till 31.03.2011, prisoner Laxman Singh served sentence 09 years 11 Months and 28 days till 31.03.2011, prisoner Dungar Singh served sentence 09 years 09 Months and 21 days till 31.03.2011, prisoner Mangal served sentence 09 years 08 Months and 01 days till 31.03.2011, prisoner Syoji served sentence 09 years 06 Months and 08 days till 31.03.2011, and prisoner Ram Jeevan served sentence 09 years 05 Months and 05 days till 31.03.2011, therefore, the prisoner Ashok Vaishnav could not be selected for sending him at Open Air Camp and thus, the allegations made by the petitioner in her petition are false and incorrect." ;