Rajasthan High Court - Jaipur
Harbhajan vs State (Home Department)Ors on 10 October, 2011
Author: Dalip Singh
Bench: Dalip Singh
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER D.B.Civil Writ Petition No.13880/2011. Harbhajan. VERSUS The State of Raj. & Ors. 10.10.2011. HON'BLE MR.JUSTICE DALIP SINGH HON'BLE MR.JUSTICE S.S.KOTHARI Mr.Anshuman Saxena, for the petitioner.
Mr.Rajendra Yadav, Government Advocate.
***** We issued notice to learned Government Advocate appearing on behalf of the State. Mr.Yadav accepts notice.
Looking to the nature of the prayer made by learned counsel for the petitioner, we intend to dispose of the writ petition at this stage in the light of the earlier decision of this court in the case of Bhanwar Lal Vs. The State of Rajasthan and Others [D.B.Civil Writ Petition No.13307/2010] decided on 25.10.2010 as follows:-
In view of the various pronouncements of this court including one in D.B.Civil Writ Petition No.2391/2005 (Hazara Vs. The State of Rajasthan and Others) decided on 10.05.2005 and D.B.Civil Writ Petition No.3616/2008 (Ratna Vs. The State of Rajasthan and Others) decided on 28.04.2008 on the interpretation given to the word ordinarily unless there are compelling reasons for refusing the transfer of the prisoners to the Open Air Camp such prisoners even under the exception provided under Rule 3 of the Rules of 1972 may be transferred to the Open Air Camps giving an interpretation which would be harmonious and which gives effect to the spirit and object of the law not one which would otherwise scuttle the very provision which is intended for the benefit of the prisoners.
Accordingly, we would allow this petition and direct the respondents to consider the case of the petitioner, if the petitioner is otherwise eligible, for being transferred to the Open Air Camp preferably at Sanganer, District Jaipur where the nephew of the petitioner Jaskaran is at present lodged so that the nephew of the petitioner may take care of the petitioner or in the alternative, both the petitioner and his nephew Jaskaran may be transferred to any other Open Air Camp so that they can remain together.
In view of the above directions, this writ petition stands disposed of.
(S.S.KOTHARI),J. (DALIP SINGH),J. Solanki DS, Jr.P.A.