SHARMA, J. - (1.) MR. B. K. Mathur, Superintendent, Central Jail, Jaipur, is present in person.
(2.) A reply has been filed to justify the action of demanding electricity charges from the prisoners. Reference of Rule 11 of the Rajasthan Prisoners Open Air Camp Rules, 1972 (for short `the Rules of 1972') has been made. Having gone through the provisions contained in Rule 11 of 1972 Rules, we noticed that internal management of the camp does not include demand of electricity or water charges from the prisoner. Rule 11 reads as under:- 11. Internal management of the Camp.- (1) General Instructions for the internal management of the Open Camps (in view of their location, work and daily average population) shall from time to time be issued by the Inspector General of Prisons, he shall cause, by such instructions, the formation and working of- (i) prisoner's Panchayat, (ii) Works and Discipline Committee, and (iii) Prisoners, Co-operative Society in the Open Camps. (2) (i) the prisoners' Panchayat, shall consist of not less than the five and not more than 7 members as may be decided by the Inspector General of Prisons, keeping in view the number of prisoners in a camp. The Panch shall be elected by the prisoners but a casual vacancy shall be filled by nomination by the Inspector General of Prisons, from amongst the prisoners. The term of each Panchayat will be for a year. (ii) the prisoners' Panchayat shall be empowered- to deal with minor acts of omissions/commission/misconduct of the prisoners. It may impose such penalties on the defaulters as imposition of fine upto Rs. 5/- or putting the defaulter to additional labour in the works of common utility or curtailment of the facilities admissible to the prisoners. Such penalties shall be effective only on the approval of the Officer Incharge of the Camp. (3) (i) The works and discipline committee, in each camp shall consist of not more than seven members representing various trades and crafts adopted by the prisoners of the Camp. All these members will be nominated by the Inspector General of Prisons and the committee shall be presided over by the Officer-in-charge of the Camp. (ii) This committee shall prepare a work programme and a code of conduct for the camp prisoners, which shall be submitted to the Inspector General of Prisons for approval. (4) Co-operative Society of the prisoners shall be formed for the purpose of supply and services, daily needs in the camp. (5) The prisoners shall have to attend a role call each morning and evening at the time fixed by the Inspector General of Prisons. (6) the Superintendent, or the Dy. Superintendent of the Central or District Jail in whose jurisdiction a camp is situated, shall visit the camp atleast once in a month. In view of sub-rule 2 (ii) the prisoners' Panchayat is empowered to deal with minor acts of omissions/commission/misconduct of the prisoners. It may impose such penalties on the defaulters as imposition of fine upto Rs. 5/- or putting the defaulter to additional labour in the works of common utility or curtailment of the facilities admissible to the prisoners and such penalties shall be effective only on the approval of the Officer Incharge of the Camp. In Sub-section (4) of Rule 11, it is provided that the Co- operative Society of the prisoners shall be formed for the purpose of supply and services, daily needs in the camp. As per Rule 9 of the 1972 Rules, the prisoners, group of prisoners, prisoners with families shall be allotted suitable residential accommodation by the Officer Incharge of the respective camps, and the prisoners shall have to make their own cooking arrangements for their food from their own earnings, within the camp.
(3.) IT is no where provided that electricity or water charges shall be demanded from the prisoners in the Open Air Camps. Therefore, we do not see any justification in demanding the money from the complainant prisoner. We depricate this practice and direct that in future no electricity or water charges shall be demanded from the prisoners in the Open Air Camps. The complaint stands disposed of. A copy of this order be remitted to Director General (Prisons), who shall make all necessary arrangements for the welfare of the prisoners in the Open Air Camps in providing electricity and water to the prisoners. . ;