Rajasthan High Court - Jodhpur
Mahaveer Singh vs State Of Raj on 10 December, 2012
Author: Govind Mathur
Bench: Govind Mathur
-1-
D.B.C.W. (Parole) Petition No.10879/2012
Mahaveer Singh
v.
State of Rajasthan Ors.
Date of Order :: 10th December, 2012
HON'BLE MR.JUSTICE GOVIND MATHUR
HON'BLE MR.JUSTICE NARENDRA KUMAR JAIN-II
Mr. C.S.Bissa, for the petitioner.
Mr. K.R.Bishnoi, Government Counsel, for the respondents.
....
A letter sent by Shri Mahaveer Singh son of Shri Vishal Singh undergoing life imprisonment at Open Air Camp, Bhilwara is treated as petition for writ under Article 226 of the Constitution of India. By the letter aforesaid the petitioner is claiming admission to his mother Smt. Anoop Kanwar wife of Vishal Singh to Open Air Camp, Bhilwara from Mahila Jail, Jaipur.
Necessary facts of the case are that the petitioner and his mother Smt. Anoop Kanwar were convicted by learned Additional Sessions Judge, Parbatsar for the offences punishable under Sections 302 and 449 Indian Penal Code and were sentenced to undergo life term imprisonment. The petitioner being eligible for admission to Open Air Camp as per the provisions of the Rajasthan Prisoners Open Air Camp Rules, 1972 (hereinafter referred to as "the Rules of 1972") transferred to Open Air Camp, Bhilwara, however, such admission to his mother Smt. Anoop Kanwar was denied being above the age of 60 years. Suffice to mention here that as per clause(h) of Rule 3 of the Rules of 1972 the -2- prisoners who are below 25 years of age and above 60 years of age are ordinarily not eligible for being sent to Open Air Camp. Smt. Anoop Kanwar is above the age of 60 years, therefore, she was not permitted to have lodging at Open Air Camp. Being aggrieved by the same this petition for writ is preferred.
This Court by order dated 8.11.2012 while noticing preamble of the Rules of 1972 sought rational of clause(h) of Rule 3 of the Rules aforesaid. Relevant portion of the order dated 8.11.2012 reads as under:-
"Suffice to mention that clause (h) of Rule 3 of the Rajasthan Prisoners Open Air Camp Rules, 1972 (hereinafter referred to as 'the Rules of 1972') prescribes that "prisoners who are below 25 years of age and above 60 years of age" shall ordinarily be not eligible for being sent to Open Camp. The provision aforesaid is certainly not mandatory but directory. However, looking to the objects of the Rules of 1972 as mentioned in preamble of the rules we are having doubts about nexus of the provision aforesaid with the object sought to be achieved. As per the preamble, the Government of Rajasthan framed the Rajasthan Prisoners Open Air Camp Rules, 1972 for sending convict to Open Air Camp with a view to encourage good conduct, satisfactory work performance and a life of self discipline amongst the convict of Rajasthan. Prima facie we failed to understand as to how the maximum age limit prescribed under clause (h) of Rule 3 is -3- having any nexus with the objects and what is the rational of prescribing the age ceiling for admission to Open Air Camp.
Learned Addl. Government Advocate is directed to file a detailed reply to the writ petition explaining the rational of the provision referred above.
No explanation as desired by the Court has been provided on behalf of the respondents. As such, we are not inclined to examine nexus of clause(h) of Rule 3 with object sought to be achieved under the Rules of 1972. The clause(h) of Rule 3 of the Rules of 1972 is a provision of directory nature, therefore, we are examining case of the petitioner on its other merits.
Convict prisoner Smt. Anoop Kanwar is languishing herself at Mahila Jail, Jaipur being sentenced for life term. She has already served sentence for a period of 11 years 11 months and 27 days excluding jail and State remissions, as such, she is eligible to be admitted to Open Air Camp except for the reason pertaining to clause(h) of Rule 3 of the Rules of 1972. Rule 3 of the Rules of 1972 being a directory provision, deviation from it is required to be examined.
In the case in hand the petitioner is son of Smt. Anoop Kanwar and he has already been admitted to -4- Open Air Camp. Her mother is an old lady, but admission to her is denied in Open Air Camp being above the age of 60 years. The object of the Rules of 1972 is to encourage good conduct, satisfactory work performance and a life of self-discipline among the convicts in the State of Rajasthan. The admission of Smt. Anoop Kanwar to the Open Air Camp shall in no manner adversely effect the objects sought to be achieved under the Rules of 1972. Her admission to Open Air Camp as a matter of fact is desirable for her rehabilitation and self-discipline in view of the fact that she would be in position to stay with her son who is also undergoing sentence at Open Air Camp, Bhilwara. The facts of the case are adequate to establish that the instant one is an exceptional case which warrants deviation from the provisions of clause
(h) of Rule 3 of the Rules of 1972.
The writ petition, therefore, deserves acceptance. Accordingly, the same is allowed. The respondents are directed to admit Smt. Anoop Kanwar wife of Vishal Singh, presently lodged at Mahila Jail, Jaipur to Open Air Camp, Bhilwara on or before 20.12.2012.
(NARENDRA KUMAR JAIN-II),J. (GOVIND MATHUR),J. -5- kkm/ps