Jaipur: Rajasthan High Court has held that prisoners convicted of rape or offences under the Protection of Children from Sexual Offences (POCSO) Act cannot be automatically barred from transfer to open-air prisons, and that each case must be decided on its own merits under the applicable rules.A three-judge full bench comprising Chief Justice Sanjay K Agrawal, Justice Sameer Jain and Justice Praveer Bhatnagar delivered the judgment Monday, settling conflicting interpretations by different division benches on Rule 3(d) of the Rajasthan Prisoners Open Air Camp Rules, 1972.Counsel for the convicts, Anshuman Saxena, argued that the rule does not impose an absolute prohibition, as it states such categories of prisoners are “ordinarily” ineligible. The full bench agreed that “ordinarily” cannot be read as an inflexible bar.The full bench clarified that the ruling does not create an automatic right to open-air camps. Prisoners must show special or exceptional circumstances to justify departure from the general rule, and the competent authority must conduct an individualised assessment and record reasons.The bench directed that advisory committees consider factors including offence gravity, victim’s age, case facts, jail conduct, reformative potential, risk and readiness for reintegration. Protective conditions may be imposed and admission revoked if breached.
