Rajasthan High Court
CW/13222/2026 of ROSHAN LAL S/O GHISU LAL Vs STATE OF RAJASTHAN on 31 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13222/2026 CNR: RJHC020277332026 | URN: CW / 1674U / 2026 1 Roshan Lal S/o Ghisu Lal, Aged About 36 Years, R/o Jojwa, Police Station Bigod, Tehsil Mandalgarh, District Bhilwara (Raj.) (At Present Confined In Special Central
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13222/2026
CNR: RJHC020277332026 | URN: CW / 1674U / 2026
Roshan Lal S/o Ghisu Lal, Aged About 36 Years, R/o Jojwa, Police Station Bigod, Tehsil Mandalgarh, District Bhilwara (Raj.) (At Present Confined In Special Central Jail Salyawas, Dausa (Raj.) Through His Brother Hari Lal Jat S/o Ghisu Lal Jat, Aged About 47 Years R/o Jat Mohalla, Jojwa, Police Station Bigod, Tehsil Mandalgarh, District Bhilwara (Raj.)
Anil Kumar S/o Rajkumar, Aged About 32 Years, R/o Jojwa, Police Station Bigod, Tehsil Mandalgarh, District Bhilwara (Raj.) (At Present Confined In Special Central Jail Salyawas, Dausa (Raj.) Through His Brother Vinod Kumar Tiwari S/o Rajkumar Tiwari, Aged About 29 Years R/o Jojwa, Police Station Bigod, Tehsil Mandalgarh, District Bhilwara (Raj.)
----Petitioners
Versus
State Of Rajasthan, Through The Secretary Home, Secretariat, Jaipur (Raj.).
The Director General Of Prisons, Directorate Prisons, Ghatgate, Jaipur (Raj.).
The Superintendent Special Central Jail, Salyawas, Dausa (Raj.)
----Respondents
For Petitioner(s)
:
Mr. Tekchand Swami
For Respondent(s)
:
Mr. Rajendra Singh Shekhawat, AGA
HON'BLE MR. JUSTICE MANEESH SHARMA
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Order
31/08/2026
1. By way of filing the present writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs: “It is, therefore, humbly prayed that your Lordships may be pleased to accept this writ petition and allow this writ petition:-
1. Issue an appropriate writ order or direction in the nature thereof thereby quash and set aside the order dated 30.12.2025 passed by Open Air Camp Advisory Committee.
2. Issue an appropriate writ, order or direction in the nature thereof thereby the non-petitioners to transfer the petitioners may kindly be directed to transfer the petitioner No.1. Roshan Lal S/o Ghisu Lal & petitioner No.2 Anil Kumar S/o Rajkumar from Special Central Jail Salyawas, Dausa to Open Air Camp, Saganer, Jaipur immediately.
3. To pass any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case in favour of the petitioners”.
2. Learned counsel for the petitioners submits that in the present case, the petitioners' application seeking transfer from
(2 of 3) [CW-13222/2026] Special Central Jail Salyawas, Dausa to Open Air Camp, Sanganer, Jaipur under the Rajasthan Prisoners Open Air Camp Rules, 1972 has been rejected solely on the ground that they have been convicted under the NDPS Act, 1985. He further submits that while rejecting the petitioners' application, the respondents failed to consider that the petitioners had already served a sentence of four years and four months, and that their conduct in prison was satisfactory. He lastly contends that the petitioners' application was rejected in a casual manner, reflecting a lackadaisical approach in the exercise of the statutory discretion vested in the respondents.
3. He further submits that a Co-ordinate Bench of this Court at the Principal Seat, Jodhpur, vide order dated 07.03.2026 passed in the case of Chothmal Alias Sunil vs. State of Rajasthan & Ors.1 and order dated 03.07.2026 in the case of Nirmal Dudani vs. State of Rajasthan & Ors.2 after considering the cases of similarly situated convicts, directed the respondents to reconsider the applications for transfer to an Open Air Camp afresh, strictly in accordance with the provisions of the Rajasthan Prisoners Open Air Camp Rules, 1972, and to pass a detailed, reasoned, and speaking order after due application of mind.
4. The learned Additional Government Advocate refutes the aforesaid contentions and prays for the dismissal of the writ petition.
5. Heard learned counsel for the parties and perused the material available on record.
S.B. Criminal Writ Petition No.298/2026
S.B. Criminal Writ Petition No.305/2026
[2026:RJ-JP:34885] (3 of 3) [CW-13222/2026]
6. Considering the facts and circumstances of the matter, it is revealed that the petitioners have already served a sentence of four years and four months. Furthermore, the legal issue regarding the eligibility of convicts under the NDPS Act for transfer to an open air camp is no longer res integra in view of the judgments passed by Co-ordinate Benches of this Court at Principal Seat, Jodhpur in the cases of Chothmal Alias Sunil and Nirmal Dudani (supra)
7. Consequently, the present writ petition is allowed. The impugned order dated 30.12.2025 passed by the Open Air Camp Advisory Committee, insofar as it relates to the petitioners, is hereby quashed and set aside.
8. The respondents are directed to reconsider the petitioners' application for transfer to an Open Air Camp afresh, strictly in accordance with the provisions of the Rajasthan Prisoners Open Air Camp Rules, 1972, and the judgments passed by Co-ordinate Benches of this Court at the Principal Seat, Jodhpur in the cases of Chothmal Alias Sunil and Nirmal Dudani (supra), and to pass a detailed, reasoned, and speaking order after due application of mind. While doing so, the respondent authorities shall take into account the order of seniority of eligible prisoners, as contemplated under the Rules of 1972.
9. The aforesaid exercise shall be completed within a period of two (2) months from the date of receipt of a certified copy of this order. (MANEESH SHARMA),J Deepa-28