Petitioner, a life convict having served over 11 years, sought transfer to an Open Air Camp. The court quashed the refusal order due to lack of reasonable justification and directed transfer as per rules.
Impugned order of Open Air Camp Committee quashed; direction issued to transfer petitioner to Open Air Camp as per rules.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 538/2023
Mustaq @ Aarif Son Of Majid @ Akhtar Ali, Aged About 35 Years, Resident Of Near Kapoora Masjid, Khar Mohalla Badli, District Mewat, Haryana (Presently Confined In Special Central Jail Dausa) Through His Father Majid @ Akhtar Son Of Moj Khan Aged 53 Year Kapoora Masjid, Khar Mohalla, Badli, District Mewat, Haryana.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Dheeraj Singhal, Adv. For Respondent(s) : Mr. Vivek Choudhary, Dy.G.A.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
08/10/2024
The petitioner’s prayer for transfer to Open Air Camp has been refused by the Competent Authority on the ground that four other criminal cases are pending against the petitioner.
Learned counsel for the petitioner submits that the petitioner is a life convict and he has served out more than 11 years, 1 month and 20 days of his sentence.
Heard. Considered
[CRLW-538/2023]
(2 of 2)
The object of establishment of Open Air Camp under relevant rules is to allow the convict to learn the skill so that he may establish himself in the society after serving out the sentence.
Since there is no reasonable justification for not transferring the petitioner in Open Air Camp, the impugned order of the Open Air Camp Committee qua the petitioner is hereby quashed and it is directed that the petitioner be transferred to Open Air Camp as per rules.
Accordingly, the writ petition stands allowed.
(NARENDRA SINGH DHADDHA),J
Gourav/166
2 issues framed by the court
Whether a life convict serving over 11 years is entitled to transfer to an Open Air Camp despite pending criminal cases.
Whether there is reasonable justification for refusing transfer to the Open Air Camp.
Mustaq @ Aarif
State Of Rajasthan
The Prisoners Open Air Camp Advisory Committee
The Deputy Director General Of Prisons
Superintendent Special Central Jail
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
