The Open Air Camp falls within the definition of 'prison' under the Prisons Act, 1894, and the eligibility for transfer to the camp should be considered based on the rules and the conduct of the prisoner.

JUDGMENT

1. By way of this writ petition, the petitioner has questioned legality of decision of State Open Air Camp Committee in refusing to make recommendation for transfer of the prisoner, his son-Krishna Lal, to the Open Air Camp.

2. The petitioner's son Krishna Lal was convicted for an offence under Section 302 IPC by the Additional Sessions Judge No.2, Hanumangarh vide judgment dated 21.3.95 in Sessions Case No.62/87 and was sentenced to life imprisonment. He was convicted in yet another case for offence under Section 302 read with Sections 149 & 120B IPC by the Additional Sessions Judge No.1, Hanumangarh vide its judgment dated 27.9.97 in Sessions Case No. 1/97 and sentenced to death. The conviction was upheld by the High Court, however, his death sentence was commuted to the imprisonment for life. On appeal, the Hon'ble Supreme Court vide judgment dated 29.3.01 while upholding the conviction, directed that the imprisonment for life for the convict Krishna Lal shall be the imprisonment in prison for the rest of his life and he shall not be entitled for any commutation or pre-mature release under Section 401 of the Code of Criminal Procedure, Prisoners Act, Jail Manual or any other statute and the rules made for the purposes of grant of commutation and remission.

3. Prior to passing of the order dated 29.3.01, the prisoner Krishna Lal was transferred to Open Air Camp, Jaitsar on 31.12.99 and served the sentence from 31.12.99 to 9.4.01 in the Open Air Camp. He was also allowed two regular paroles of 20 & 30 days from 16.3.99 to 4.4.99 and 15.6.2000 to 14.7.2000 respectively, however, after the decision of the Supreme Court dated 29.3.01, the prisoner Krishna Lal was again shifted to Central Jail, Bikaner.

4. The prisoner Krishna Lal again applied for transfer to the Open Air Camp, however, the State Open Air Camp Committee by impugned decision declined his prayer for transfer to Open Air Camp as aforesaid. Hence, this petition.

5. Learned counsel appearing for the petitioner contended that the decision of the Supreme Court dated 29.3.01 does not put any rider so as to deprive the prisoner Krishna Lal from transfer to Open Air Camp and thus, the impugned decision of the State Open Air Committee is ex facie illegal and arbitrary. Learned counsel submitted that the Open Air Camp also falls within the category of 'Prison' and therefore, the transfer of the prisoner Krishna Lal to Open Air Camp shall not be violative of the directions of the Supreme Court in any manner whatsoever. Learned counsel submitted that during the release on regular parole as also during the stay in jail and in Open Air Camp, the conduct of the prisoner Krishna Lal was satisfactory and thus, there is absolutely no reason why he should not be transferred to the Open Air Camp. In support of the contention, learned counsel relied upon a Bench decision of this Court dated 22.1.21 passed in Narendra Singh vs. State of Rajasthan & Ors.: D.B.Criminal Writ Petition No.506/20.

6. On the other hand, learned AAG submitted that while considering the application of the prisoner seeking transfer to the Open Air Camp, the fact that he was sentenced to suffer imprisonment for rest of his life with the further directions that he shall not be entitled to any commutation or pre-mature release under Section 401 of Code of Criminal Procedure, Prisoners Act, Jail Manual or any other statute and the rules made for the purpose of grant of commutation and remission, cannot be ignored and thus, the decision of the State Open Air Camp Committee cannot be faulted with.

7. We have considered the rival submissions and perused the material on record.

8. In Narendra Singh's case (supra), a Bench of this Court while considering the issue with regard to transfer to Open Air Camp in light of the provisions of Rajasthan Open Air Camp Rules, 1972 and the Prisons Act, 1894 of a prisoner undergoing sentence of imprisonment for remaining period of natural life, held:

"8. It is true that the petitioner