Joginder Tuli vs State Of Rajasthan And Ors

This petition is filed by the petitioner with the following prayers :-

"(1) By way of issuance of an appropriate writ, order or direction, direct the Respondents from violating the Rajasthan Prison Rules, 1951 and the Model Prison Rules, 2016 and further direct the Respondents for issuing appropriate guidelines/rules for regulating proper legal meeting of prisoners languishing in jail with their lawyers, proper ventilated waiting area / room to be provided for lawyers who come for legal meetings, display at prominent places in Respondent's Jail of the timings of such Legal meetings; and

(2) By way of issuance of an appropriate writ, order or direction, prohibit the Respondents from violating the Rajasthan Prison Rules, 1951 and the Model Prison Rules, 2016, Constitution of India, National Policy For Older Persons (NPOP) 1999, And National Policy On Senior Citizens 2011 and various precedents set by this Hon'ble Court as well as the Apex Court; and

(3) By way of issuance of an appropriate writ, order or direction, direct the Respondents to provide a list of all amenities with respect to healthcare, medical care and nutrition being provided to senior citizen jail inmates by the Respondents for senior citizens languishing in jail; and

(4) By way of issuance of an appropriate writ, order or direction, direct the Respondents to amend and alter the Rajasthan Prison Rules, 1951 and the Model Prison Rules, 2016 to include specific rules/guidelines specially catering to the health, medical and nutritional requirements of senior citizens languishing in jail whether under trial or convicted. And must be permitted to take water and food from his/her own sources specifically till satisfactory arrangement made by the state agency; and

(5) By way of issuance of an appropriate writ, order or direction, direct the Respondents to furnish a list of all senior citizens who are above 60 years including under trials and convicts languishing in jails in Rajasthan; and

(6) By way of issuance of an appropriate writ, order or direction, an enquiry may kindly be directed to be conducted against the illegal actions of the Respondents despite clear directions of this Hon'ble Court as well as the Apex Court on the treatment of prisoners languishing in jail.

(7) By way of issuance of an appropriate writ, order or direction issuing guidelines for enabling senior citizen convicts above 60 years to avail benefit of parole depending on facts and circumstances of each case; and

(8) By way of issuance of an appropriate writ, order or direction issuing guidelines for enabling super senior citizens convicts above 75 years for open jail access looking to their behaviour in jail in particular case and circumstances; and

(9) Any other order which this Hon'ble Court deems just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner."

It is brought to our notice by the Government counsel that noticing lack of facilities in prisons and over all reforms required, a bench of this Court at Jaipur has already taken suo-motu cognizance and the issues sought to be raised by way of present petition are also being considered by Jaipur Bench of this Court in PIL, being D.B. Civil Writ Petition No.2808/2012 (Suo Motu Vs. State of Rajasthan). In this view of the matter, we are not inclined to entertain yet another PIL raising the similar issues.

The writ petition (PIL) is therefore disposed of. If the petitioner intends to make submission in respect of the facilities in the prison and other reforms, it is always open for him to make an appropriate application in the PIL pending at Jaipur Bench.