Person Convicted For Gang Rape Of Minor Not Absolutely Barred From Open Air Camp; Rule Allows Exceptions: Rajasthan High Court
The Rajasthan High Court has held that a person convicted for gang-rape of a minor though ineligible to be shifted to open air camp, can be considered for the relief in case of exceptional circumstances.The division bench of Justice Farjand Ali and Justice Sandeep Shah noted that Rule 3(d) of the Rajasthan Prisoners Open Air Camp Rules, 1972 prescribes classes of prisoners who shall...
The Rajasthan High Court has held that a person convicted for gang-rape of a minor though ineligible to be shifted to open air camp, can be considered for the relief in case of exceptional circumstances.
The division bench of Justice Farjand Ali and Justice Sandeep Shah noted that Rule 3(d) of the Rajasthan Prisoners Open Air Camp Rules, 1972 prescribes classes of prisoners who shall "ordinarily" be not eligible for being sent to Open Camp.
In view of use of the word "ordinarily", the Court held that the ineligibility was not absolute, and applicant had to prove exceptional circumstances for making themselves eligible for open air camp.
The petitioner was sentenced to lifetime imprisonment after being convicted for gang-raping a minor. His application for being shifted to open air camp was rejected solely on the ground that he was convicted for gang-rape.
It was the case of the state that the offence he was convicted for disqualified him in the eligibility criteria contemplated under Rule 4 of the Rules.
After hearing the contentions, and perusing the record, the Court observed,
“The use of the words “ordinarily be not eligible” cannot be construed to be an absolute bar under the Rules of 1972. There may be exceptions. The prisoners, who are making applications for sending them to open air camp, have to make out exceptional circumstances for making themselves eligible for the purpose of open air camp. Therefore, the case of the petitioner has to be considered by the Committee taking into account the special and exceptional circumstances…”
In this background, the Court set aside the decision of the committee, and remitted petitioner's application to it for reconsideration in light of any exceptional circumstances that the petitioner might be able to make out for himself.
Title: Vijayraj v State of Rajasthan & Anr.
Citation: 2026 LiveLaw (Raj) 96
For Petitioner: Mr. Pravin Kumar Choudhary
For Respondents: Mr. Deepak Choudhary, AAG