Rape, Pocso convicts not fully barred from open-air camps: HC
JODHPUR, Oct. 29 -- The Rajasthan high court has ruled that prisoners convicted of rape or offences under the Protection of Children from Sexual Offences (Pocso) Act are not completely barred from being transferred to open-air camps, but they cannot claim admission as a matter of right.
The court said each case must be assessed individually, taking into account the nature and gravity of the offence, the victim's age, the facts of the case and the prisoner's conduct and potential for reform.
A full bench comprising chief justice Sanjay K Agrawal and justices Sameer Jain and Praveer Bhatnagar delivered the judgment on October 26 while deciding a reference concerning the interpretation of Rule 3(d) of the Rajasthan Prisoners Open Air Camp Rules, 1972.
The reference arose after different division benches of the high court delivered conflicting judgments on whether prisoners convicted under Section 376 of the Indian Penal Code or the Pocso Act could be considered for transfer to open-air camps.
The bench examined the word "ordinarily" in Rule 3, which lists categories of prisoners who would ordinarily be ineligible for admission to such camps. It held that the provision creates a general rule of exclusion but does not impose an absolute ban in every case.
"Rule 3(d) as an absolute bar would effectively substitute the expression 'shall not be eligible' for the actual expression 'shall ordinarily be not eligible'," the bench observed.
The court also said that if a prisoner is found suitable, the committee may impose conditions to protect other inmates, particularly children, and may revoke the placement if those conditions are breached.
Overruling three division bench decisions, the full bench directed that the pending matters be placed before the appropriate division bench for consideration in light of its ruling....
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