Bhanwri vs State Of Rajasthan And Ors

By way of this writ petition, the petitioner Smt. Bhanwri is seeking directions for transfer of her husband Umeda Ram, a life convict, from Central Jail,

Jodhpur to Open Air Camp, Barmer. The alternative prayer is made for directions to the respondents to decide the application of the prisoner for

transfer to Open Air Camp, Barmer.

During the pendency of this writ petition, the application of the convict seeking transfer to Open Air Camp has been decided by the Prisoner Open Air

Camp Committee in its meeting held on 12.04.2019, whereby the application of the convict Umeda Ram has been rejected on the ground that he has

been convicted for the offence under Section 376(2) (f) of IPC for committing rape upon a girl of 12 years of age.

Learned counsel appearing for the petitioner contended that the bar contained in Rule 3 of Rajasthan Prisoners Open Air Camp Rules, 1972 (for short

‘Rules of 1972’) is not an absolute bar and even the applications of the prisoners, who have been convicted for an offence or offences as

specified under Clause (d) of Rule 3 of the Rules of 1972 also deserve to be considered on their own merits and the same cannot be rejected by the

Open Air Camp Committee by merely recording its ipse dixit. In this regard, learned counsel has relied upon a Bench decision of this Court dated

13.03.2019 rendered in D.B. Criminal Writ Petition No.101/2019 Parvezshah Vs. State of Rajasthan & Ors.

It is noticed that in Parvezshah’s case (supra), this Court after due consideration of the earlier decisions of this Court, categorically laid down that

inhibition covered by Rule 3 of the Rules of 1972 regarding transfer of the prisoner to Open Air Camp cannot operate as absolute bar and the

application preferred on behalf of the convict has to be considered on merits after due application of mind keeping in view the spirit of the provisions

of the said Rules.

In this view of the matter, the decision of the Open Air Camp Committee in declining to transfer the convict Umeda Ram to Open Air Camp cannot

be sustained and deserves to be quashed.

Accordingly, the decision taken by the Open Air Camp Committee in terms of meeting held on 11.04.2019, 12.04.2019 and 15.04.2019 qua the convict

Umeda Ram is quashed. The Open Air Camp Committee is directed to consider the application preferred by the applicant for transfer to Open Air

Camp keeping in view the decision of this Court in Parvez Shah’s case (supra) afresh, within a period of two months from the receipt of certified

copy of this order.

The instant petition stands disposed of.

The file of the instant case shall remain attached to the file of D.B. Civil Writ Petition (PIL) No.17019/2018 till the disposal of the said PIL.