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ANOOP KUMAR DHAND
Gangaram, S/o. Shri Gulya Mali, Through His Elder Brother Budhram Mali, S/o. Shri Gulya Mali – Appellant
Versus
State Of Rajasthan, Through The Secretary Home, Secretariat, Jaipur – Respondent
ORDER :
(Anoop Kumar Dhand, J.)
1. Following common question of law and legal issue has arisen in all these petitions:
2. Learned counsels for the petitioners submit that this issue has already been decided by the Division Bench of this Court in the case of Ajit Singh Vs. State of Rajasthan and Ors. (DB Criminal Writ Petition No.52/2022) vide dated 11.03.2022. Counsel submits that in the aforesaid judgment the Division Bench of this Court has dealt with the issue involved in these petitions and has passed orders for shifting of such convict prisoners to the Open Air Camp. Counsel submits that the view taken by the Division Bench of this Court has been followed subsequently in number of cases by different Single Benches. Counsel submits that recently, the Co-ordinate Bench of this Court in the case of Aasharam @ Aashu vs. State of Rajasthan and Ors. (S.B. Criminal Writ Petition No.1895/2023) has taken a similar view and passed orders for shifting of the convict prisoner to the Open Air Camp. Counsel submits that the aforesaid judgment passed
Prisoners convicted under POCSO Act are generally ineligible for transfer to Open Air Camps due to the nature of their offenses.
The nature and gravity of offences must be considered, especially for those convicted and sentenced under the POCSO Act and similar offences, when determining the eligibility of prisoners for open ai....
The gravity of the offences, particularly for those convicted under the POCSO Act and similar offences, must be considered when determining the eligibility of convicts to be sent to the Open Air Camp....
The gravity of offences attributed to the convict, particularly in cases of heinous offences under the POCSO Act, must be considered when interpreting eligibility for the open air camp under the Raja....
A prisoner who meets the eligibility criteria for transfer to an Open Air Camp and who has behaved well during his incarceration cannot be denied transfer solely because he has been sentenced to life....
The opportunity to stay at the Open Air Camp is subject to good behavior, and safety concerns alone cannot justify rejection.
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