Rajasthan High Court directs jail to reconsider open air camp plea of double-murder convict

Jodhpur: The Rajasthan High Court has directed jail authorities to reconsider, through a speaking order, a life convict’s plea for transfer from the Central Jail, Ajmer, to an Open Air Camp, after the State pointed out that his two convictions under Section 302 IPC and a pending murder trial had not been placed before the screening committee.

A Division Bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma was hearing a petition filed by Bhikharam, presently lodged in Central Jail, Ajmer, through his mother, seeking his transfer to the Open Air Camp under the Rajasthan Prisoners Open Air Camp Rules, 1972.

Learned counsel for the petitioner, Mr. Kalu Ram Bhati, submitted that a Committee, at its meeting held on Nov 26, 2025, had noted that the petitioner suffered a jail punishment on Jan 23, 2024, and found him entitled to transfer under Rule 3(g) of the Rules of 1972, adding that the petitioner’s jail conduct had also been found satisfactory.

Per contra, the Additional Advocate General submitted that the petitioner had suffered two convictions under Section 302 IPC and was facing a further pending trial under the same provision, and that his conduct was not satisfactory, rendering him ineligible for the Open Air Camp under Rule 3(f) of the Rules of 1972. It was further submitted that the petitioner had been awarded another jail punishment as recently as Jul 3, 2026.

Learned AAG, however, fairly conceded that these material facts had not been placed before the Committee at its meeting on Nov 26, 2025, and stated that the petitioner’s case would be reconsidered at the next meeting after taking into account his entire disciplinary record and conduct under the Rules of 1972.

Disposing of the petition, the Court directed:

“In view of the submissions made by learned AAG, the writ petition is disposed of with the direction to the respondents to reconsider case of the petitioner for sending him to the Open Air Camp after considering the entire material facts of his punishments and conduct in accordance with Rules of 1972.”

The Court further directed that the petitioner’s case be placed before the Committee at its next meeting and be decided by a speaking order.

Title: Bhikharam v. State of Rajasthan & Ors.

Case No.: D.B. Criminal Writ Petition No. 964/2026

Citation: 2026:RJ-JP:29578-DB

Counsel for petitioner: Mr. Kalu Ram Bhati

Counsel for respondent: Mr. Deepak Choudhary, AAG with Mr. K.S. Kumpawat, Public Prosecutor