JODHPUR, Feb. 26 -- Rajasthan High Court has clarified that a prisoner cannot be denied an open prison camp merely on the basis of his conviction for rape under Section 376 of the Indian Penal Code, a lawyer familiar with the matter said. A bench of justice Farjand Ali passed the order while hearing a petition filed by Mahaveer, who is currently lodged in the Central Jail, Bikaner. He had challenged the adverse recommendation passed by the State-Level Open Prison Camp Advisory Committee, Jaipur, on February 14, 2024. The committee had rejected his application, stating that he was convicted under Section 376 and therefore fell in the ineligible category under Rule 3. The court said that the word "ordinarily" used in Rule 3 of the Rajasthan Prisoners Open Air Camp Rules, 1972 does not imply a blanket ban, and individual circumstances of the prisoner need to be considered in each case. The bench observed that the petitioner was convicted under Section 376 of the IPC in 1995 by the Additional District and Sessions Judge, Churu, and was sentenced to ten years of rigorous imprisonment. After the dismissal of his appeal, the conviction attained finality. According to the custody certificate placed on record, he has served more than one-third of his sentence, including remission granted to him. His conduct in prison has been reported as satisfactory. The bench said, "The object of the Rajasthan Prisoners Open Air Camp Rules, 1972 is reformative in nature. The purpose is to encourage good conduct, self-discipline, and gradual reintegration of convicts into society. Transfer to an Open Air Camp is not a matter of right, but at the same time, it cannot be denied by applying a straitjacket formula solely on the basis of the nature of conviction..." The court found that the committee did not consider the petitioner's prison conduct, the period of sentence already undergone, his behaviour during temporary release, or other mitigating circumstances. On this basis, the bench set aside the adverse recommendation....