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2004 Supreme(Raj) 811

KHEM CHAND SHARMA, SHIV KUMAR SHARMA
Kishna – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
R.S. Chauhan and Satyapal Poshwal, for Petitioners M.L. Goyal, Public Prosecutor, for State

Honble S.K. SHARMA, J.–Prayer of the petitioners, who are incarcerated in Central Jail, Ajmer, for transfer to the Open Air Camp was rejected on the ground that they are above 60 years of age. Since, relief sought in these petitions is identical, they are taken up together for disposal.

(2). As per the facts stated in Writ Petition No.3480/2004, as many as thirteen members of petitioners family, including Jagan Nath, the son of the petitioner were convicted and sentenced. They subsequently were transferred to Sampurna Nand Open Air Camp Sanganer, Jaipur, Jagan Nath, the son of the petitioner, is willing to take the responsibility of the petitioner. An affidavit has been filed by Jagan Nath in the form of undertaking. Similarly in Writ Petition No.3481/2004 petitioners son Jagdish and in Writ Petition 3482/2004 petitioners son Ram Dayal have filed affidavits to the same effect.

(3). In the returns to writ petitions, the respondents averred that in view of the Rajasthan Prisoners Open Air Camp Rules, 1972 (for short, `1972 Rules), the petitioners are not eligible to be transferred to Open Air Camp. Since, the petitioners are infirm persons and incapable of doing daily work in order to
















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