Can Rape, POCSO Act Convicts Be Shifted From Jails To Open Air Camps? Rajasthan High Court Refers Issue To Larger Bench
1 week, 4 days ago

Can Rape, POCSO Act Convicts Be Shifted From Jails To Open Air Camps? Rajasthan High Court Refers Issue To Larger Bench

Live Law  

Taking note of the conflicting views, Rajasthan High Court has referred the issue of Whether a prisoner, convicted for the offence under Section 376 IPC/POCSO Act, undergoing the sentence of imprisonment in Jail, can be shifted to Open Air Camp, to a Larger bench. “There is no exact decision on the legal issue involved in this petition, rather there are conflicting opinions and views of different Division Benches of this Court, but in the case of Asharam @ Ashu, the question of law has been kept open by the Hon'ble Apex Court, hence, the same is required to be decided for all times to come, so that there should be uniformity in the orders on the legal issue involved in these petitions,” Justice Anoop Kumar Dhand noted while hearing a bunch of petitions filed by individuals seeking to be shifted from jail to open air camps. Counsel for the petitioners argued that the issue was already decided by a division bench of the Court in the case of Ajit Singh v State of Rajasthan in which the convicts were ordered to be shifted to Open Air Camps. “The judicial decorum and legal propriety demands that where a Single Bench or Division Bench does not agree with the decision of the Bench of co-ordinate jurisdiction, the matter should be referred to the Larger Bench…In a situation like the present one, where two conflicting views have been taken by the different Division Benches and Single Benches of this Court, this Court has no other option but to refer the matter to the Special/Larger Bench so that the controversy is put to rest in accordance with law.” Accordingly, the matter was directed to be placed before the Chief Justice for constitution of a Special/Larger bench.

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History of this topic

Rajasthan HC Denies Parole To Asaram Bapu Convicted In Rape Case; Cites Bar On Release Under 2021 Parole Rules, Possible Law & Order Situation
10 months, 2 weeks ago

Rajasthan HC Denies Parole To Asaram Bapu Convicted In Rape Case; Cites Bar On Release Under 2021 Parole Rules, Possible Law & Order Situation

Live Law  

Recently, Rajasthan High Court refused to grant 20 days parole to self-styled godman Asaram Bapu, who is currently serving a life sentence in Central Jail, Jodhpur after two rape convictions in Rajasthan and Gujarat respectively. Petitioner's counsel urged the court to grant parole by citing its earlier decisions where prisoners were released despite getting convicted in another state and serving …

'Absolutely Extraneous': Rajasthan HC Quashes Recommendation Rejecting Rape Convict's Plea To Be Sent To Open Air Camp As Other Ladies Living In Camp
2 years, 9 months ago

'Absolutely Extraneous': Rajasthan HC Quashes Recommendation Rejecting Rape Convict's Plea To Be Sent To Open Air Camp As Other Ladies Living In Camp

Live Law  

The Rajasthan High Court has quashed the recommendation of the respondent-state, which rejected a rape convict's application for being sent to Open Air Camp. In the present matter, the writ petition was filed by the convict-petitioner Ajit Singh for assailing the adverse recommendations dated 19.01.2022 issued by the Open Air Committee, Government of Rajasthan, Jaipur whereby, his application preferred for …

Prisoners Forced To Do Jobs Like Cleaning Toilets Etc. Based On Caste: Rajasthan High Court Calls For Overhauling Of Prison Manual
4 years ago

Prisoners Forced To Do Jobs Like Cleaning Toilets Etc. Based On Caste: Rajasthan High Court Calls For Overhauling Of Prison Manual

Live Law  

Inquiring about the proposed steps for complete overhauling of the Prison Manual, the Rajasthan High Court on Thursday asked the State Government to ensure that the prisoners are not forced to indulge in menial jobs like cleaning toilets etc. The Bench of Justice Devendra Kachhawaha and Justice Sandeep Mehta further directed, "Considering the progressive democratic set up of our country …

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