RAJASTHAN STATE LEGAL SERVICES AUTHORITY vs CHIEF SECRETARY THROUGH STATE OF RAJASTHAN

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REPORTABLE
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
Judgment reserved on :30/09/2026
Judgment delivered on : 26/ 10/2026
Judgment (full) uploaded on : 26/10/2026
(1) D.B. Civil Writ Petition No. 2808/2012
CNR: RJHC020261762012 | URN: CW / 4482U / 2012
Suo Motu
----Petitioner
Versus
1. The State Of Rajasthan through its Additional Chief Secretary,
Home Department, Government of Rajasthan, Government
Secretariat, Jaipur.
2. The Principal Secretary to the Government, Finance
Department, Government of Rajasthan, Government Secretariat,
Jaipur.
3. The Principal Secretary to the Government, Medical and
Health Department, Government of Rajasthan, Government
Secretariat, Jaipur.
4. The Secretary to the Government, Department of Technical
Education, Government of Rajasthan, Government Secretariat,
Jaipur.
5. The Director General (Prisons) State of Rajasthan, Jaipur.
6. The Director, Local Bodies and Local Self Department,
Government of Rajasthan, Jaipur.
7. The Deputy Director General, National Informatics Center,
Government Secretariat, Jaipur.
----Respondents
Connected With
(2) D.B. Civil Writ Petition No. 11417/2008
CNR: RJHC020528192008 | URN: CW / 19398U / 2008
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“Peoples Watch Rajasthan” through Kishan Gurjar s/o Shri
Rampratap, Aged about 45 years, Resident of 10, Kundan Nagar,
Ajmer and Legal Officer Peoples Watch Rajasthan (Human Rights
Organisation)
----Petitioners
Versus
1. State of Rajasthan through Chief Secretary, Government of
Rajasthan, Secretariat, Jaipur.
2. The Principal Home Secretary, Jaipur.
3. The Director General, Prisons, Ghat Gate, Jaipur.
4. The Ministry of Home Affairs, New Delhi
----Respondents
(3) D.B. Civil Writ Petition No. 5463/2015
CNR: RJHC020609252015 | URN: CW / 9690U / 2015
Suo Moto
----Petitioner
Versus
1. The State Of Rajasthan, through Home Secretary, Govt. of
Rajasthan, Secretariat, Jaipur.
2. Rajasthan State Legal Services Authority, Jaipur.
----Respondents
(4) D.B. Civil Writ Petition No. 17462/2017
CNR: RJHC020588762017 | URN: CW / 30020U / 2017
Suo Motu
----Petitioner
Versus
1. The State of Rajasthan through Chief Secretary, Government
of Rajasthan, Jaipur.
2. The Director General of Police, State of Rajasthan, Police
Headquarter, Jaipur.
3. The Director General (Prisons) State of Rajasthan, Jaipur.
4. Principal Secretary, Home Department, Government of
Rajasthan, Jaipur.
5. Principal Secretary, Social Justice and Empowerment
Department, Government of Rajasthan, Jaipur.
6. Member Secretary, Rajasthan Legal Services Authority,
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Jaipur.
7. Chief Judicial Magistrate, Ajmer.
8. Chief Judicial Magistrate, Alwar.
9. Chief Judicial Magistrate, Balotra.
10. Chief Judicial Magistrate, Baran.
11. Chief Judicial Magistrate, Banswara,
12 Chief Judicial Magistrate, Bharatpur
13. Chief Judicial Magistrate, Bhilwara
14. Chief Judicial Magistrate, Bikaner
15. Chief Judicial Magistrate, Bundi
16. Chief Judicial Magistrate, Churu
17. Chief Judicial Magistrate, Chittorgarh
18. Chief Judicial Magistrate, Dausa
19. Chief Judicial Magistrate, Dholpur
20. Chief Judicial Magistrate, Dungarpur
21. Chief Judicial Magistrate, Sri Ganganagar
22. Chief Judicial Magistrate, Hanumangarh
23. Chief Judicial Magistrate, Jaipur Metropolitan
24. Chief Judicial Magistrate, Jaipur District
25. Chief Judicial Magistrate, Jaisalmer
26. Chief Judicial Magistrate, Jalore
27. Chief Judicial Magistrate, Jhalawar
28. Chief Judicial Magistrate, Jhunjhunu
29. Chief Judicial Magistrate, Jodhpur Metropolitan
30. Chief Judicial Magistrate, Jodhpur District
31 Chief Judicial Magistrate, Kota
32. Chief Judicial Magistrate, Karauli
33. Chief Judicial Magistrate, Merta City
34. Chief Judicial Magistrate, Pali
35. Chief Judicial Magistrate, Pratapgarh
36. Chief Judicial Magistrate, Rajasmand
37. Chief Judicial Magistrate, Sawaimadhopur
38. Chief Judicial Magistrate, Sikar
39. Chief Judicial Magistrate, Sirohi
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40. Chief Judicial Magistrate, Tonk
41. Chief Judical Magistrate, Udaipur

----Respondents
(5) D.B. Civil Writ Petition No. 12416/2019
CNR: RJHC020649962019 | URN: CW / 23418U / 2019
Rajasthan State Legal Services Authority, Through Member
Secretary, Mr. Ashok Kumar Jain S/o Lt. Shri M.p. Jain, Age
51Years, R/o B-4, Lane No. 7, Hari Marg, Civil Lines, Jaipur
(Rajasthan)
----Petitioner
Versus
1. Chief Secretary Through State Of Rajasthan, Government
Secretariat Jaipur.
2. Principal Secretary, Department Of Home, Government Of
Rajasthan, Government Secretariat Jaipur.
3. Director General (Prison), Ghat Gate, Jaipur.
4. The Registrar General, Rajasthan High Court, Jodhpur
----Respondents
(6) D.B. Civil Writ Petition No. 5997/2026
CNR: RJHC020306852026 | URN: CW / 13239U / 2026
Suo Moto- In Re- In Human Conditions In Prisons, Rajasthan
High Court Bench Jaipur
----Petitioner
Versus
1. State Of Rajasthan, Through Its Chief Secretary, Government
Secretariat, Jaipur, Rajasthan.
2. Director General/inspector General Of Prisons, Government
Of Rajasthan.
3. Member Secretary Of State Legal Services Authority (RALSA),
Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Prateek Kasliwal, Amicus Curiae
with Ms. Priyanka Tiwari &
Ms. Vidushi Singh
Ms. Sumati Bishnoi, Amicus Curiae
Ms. Sonal Singh, Amicus Curiae
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For Respondent(s) : Mr. Rajendra Prasad, AG assisted by
Mr. Sheetanshu Sharma
Mr. SP Singh Rajawat, Asst. GC with
Ms. Shikha Sharma, AAAG for
Mr. Gurucharan Singh Gill, AAG
Mr. Shailesh Prakash Sharma
Mr. Anshuman Saxena
Ms. Manisha Agarwal
Ms. Shilpa Choudhary
Ms. Jyoti Rathore
DIVISION BENCH
HON'BLE THE CHIEF JUSTICE MR. SANJAY K. AGRAWAL
HON'BLE MR. JUSTICE SAMEER JAIN
C.A.V. Judgment
For sake of exposition, this judgment is divided in the
following parts:-
S. No. Particulars Page Nos.
1. Prefatory facts and Cognizance of
the present PIL Petitions
5
2. Quintessential facts of the Ajmer
jail incident and infrastructural
lapses
7
3. Status Report filed by the
Respondent-State
9
4. Petition-wise Compliance status
and Submissions
9
5. Evaluation of Institutional Reforms 12
6. Directions and Conclusions 13
PREFACE:
1. The present batch of Public Interest Litigations (PILs)
encompasses a wide spectrum of issues pertaining to the rights,
welfare, and dignity of prisoners, as well as the overarching
infrastructure, security, and conditions prevailing in the jails
across the State of Rajasthan.
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2. This Court took suo motu cognizance of the present batch of
PILs in the period spanning from 2012 to 2026 on the basis of
alarming news reports published on 25.02.2012 and 26.02.2012
in various daily and regional newspapers such as Rajasthan
Patrika, Rastradoot, Dainik Navjyoti, Dainik Bhaskar , and Times of
India .
3. The said reports highlighted an incident where a history-
sheeter, namely Aatish Garg, allegedly masterminded an extortion
and firing incident on a tyre businessman in Vaishali Nagar, Jaipur,
while being lodged in the Ajmer Jail, communicating through a
mobile phone and listening to the live gunfire. The media
questioned the security apparatus inside the jails and prisons,
noting that courts were being forced to term the jails as
Shadyantralaya (Conspiracy houses) due to the unhindered
operation of crime syndicates from within prison walls.
4. Over the years, the scope of the present batch of PILs was
expanded to include representations from several inmates, notably
a letter dated 04.01.2014 from prisoners of Central Jail, Kota, and
a letter dated 06.01.2015 sent by one Raju Lal s/o Shrawan Lal
Raigar and other prisoners of Central Jail, Jaipur.
5. By way of the above-mentioned letters and relying upon the
dictum enunciated by the Hon’ble Supreme Court in the case of
Phool Kumari v. Superintendent, Central Jail, Tihad, New
1
Delhi , it was prayed for the constitution of a committee to
1 . 2012 Cr.L.J. 1261 (S.C.)
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provide minimum wages to prisoners equivalent to the MNREGA
Scheme.
QUINTESSENTIAL FACTS OF THE AJMER JAIL INCIDENT
AND INFRASTRUCTURAL LAPSES:
6. Recently, on 02.07.2026, this Court took serious note of a
fatal incident that occurred within the High Security Jail, Ajmer,
directing the respondents to file a detailed and comprehensive
Status Report regarding the alleged murder of an under-trial
prisoner, namely Jagan Gurjar, substantiating the operational
failure of the CCTV cameras.
7. In compliance of the aforesaid directions, learned Additional
Advocate General appearing on behalf of the respondent-State has
placed a detailed Status Report dated 28.07.2026 on record in
pursuant to the order dated 02.07.2026 passed by this Court,
revealing the following disturbing facts:
(i). The deceased, namely Jagan Gurjar, undertrial in Arms Act
Case No. 99/2026, Bari, Dholpur, was transferred to Ajmer on
29.03.2026.
(ii). Following a rift with his brother Pappu, Jagan was shifted to
Cell No.5 of Block No.4, Ward No.2 on 16.05.2026, as he claimed
he felt safe with the seven prisoners involved in the ‘Jaghina
murder case’ lodged in that block.
(iii). On 29.06.2026, during the mid-day lock-up at around 11:00
AM to 03:00 PM, Jagan was lodged in Cell No.5 along with another
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undertrial, Vishnu@Bona. Vishnu was locked in the same cell at
Jagan’s behest to play the game of Ludo.
(iv). The timeline indicates that after the cell was cleaned by
sweeper Harishankar at around 11:17 AM, and rounds were made
by Nursing Officers Mohammad Farman and Pradyuman Singh at
around 12:00 Noon, the accused Vishnu called Constable Jitendra
Khinchi at around 1:18 PM to switch off the fan.
(v) In-between the above-mentioned period and the unlocking of
the jail at around 2:54 PM by Constable Rajendra Singh, Vishnu
allegedly strangled Jagan Gurjar to death using a towel.
(vi). Upon discovery of the same, the Superintendent of Jail
interrogated Vishnu, who claimed that the motive behind causing
the death of Jagan Gurjar was prolonged taunts by the deceased
regarding his criminal background and family. Vishnu admitted to
turning off the fan in a failed attempt to stage a suicide.
(vii). Thereafter, an FIR bearing No.0176/2026 dated 29.06.2026
came to be registered at Police Station Civil Lines, Ajmer.
Subsequently FSL teams were called, and a judicial inquiry was
commenced by the learned CJM, Ajmer City East.
(viii). Following the post mortem of the deceased on 30.06.2026,
Jagan’s brother Pappu Gurjar attended the cremation on
01.07.2026 under a police guard provided by the learned Special
Judge, Dholpur.
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STATUS REPORT FILED BY THE RESPONDENT-STATE:
8. Addressing the Court’s query qua the non-functional CCTV
cameras, the Status Report filed by the respondent-State clarifies
that:
(a). The Ajmer jail has 319 cameras installed via RAJCOMP, out of
which approximately 258 are operational and monitored 24x7.
(b). Regarding Cell No.5, the specific camera was damaged and
the same was not operational properly due to a technical fault.
Server logs reflect that the said camera went completely offline
automatically on 24.06.2026 at 9:16 AM, days before the incident.
(c). Demonstrating premeditation, the accused Vishnu, under the
mistaken belief that the camera was operational due to a glowing
LED, attempted to obscure the lens by applying Colgate
toothpaste on it at around 10:00 AM on 29.06.2026.
(d). The records exonerate the immediate Jail Administration of
willful negligence regarding the cameras. The Jail Superintendent
had sent approximately 20 written communications/e-mails since
the beginning of 2026 to the DOIT, Jaipur, the District Collector,
and RISL regarding frequent UPS damage and server shutdowns.
The latest reminder was sent on 18.06.2026, followed by urgent
post-incident communications on 30.06.2026 and 08.07.2026.
PETITION-WISE COMPLIANCE STATUS AND SUBMISSIONS:
9. We have also perused the Status Report dated 05.03.2025
submitted by the respondent, juxtaposed against the Short Note
dated 30.09.2026 submitted by Mr. Prateek Kasliwal, learned
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Amicus Curiae , highlighting areas requiring continuing monitoring.
As per the Short Note dated 30.09.2026 submitted by learned
Advocate General, the petition-wise status as on date of the
present batch of petitions are as follows:-
(a). In D.B. Civil Writ Petition No. 2808/2012: Learned
Advocate General submits that substantial compliance has been
achieved qua 45 specific directions issued by this Court vide order
dated 27.01.2016. It is submitted that an MoU for food has been
executed with CONFED. It is next submitted that the State has
enacted the Rajasthan Prisoners Rules 2022, Parole Rules 2021,
and Shortening of Sentences Rules 2026. Regarding video-
conferencing, it is submitted that 70% implementation of the
same has been achieved, and the matter is presently seized with
and under the active consideration of the Hon’ble Supreme Court
in Shashi Alias Shahi Chikna Vivekanand Jurmani v. State of
2
Maharashtra .
However, learned Amicus Curiae raised strong objections against
the same highlighting that an aggregate statement of CCTV
installations is inadequate. It is stated that recent District Judge
inspection reports dated 29.10.2025 disclose glaring deficiencies:
Mahila Bandi Sudhar Grih , Ajmer has 0 CCTV cameras; Central
Jail, Bikaner has only 16 cameras against a proposed 275 due to
budget paucity; District Jail, Jaipur has fewer cameras than
required (60 proposed); Central Jail, Kota has only 15; and 37
2 M.A. No. 183/2026 in SLP Crl 12690/2025
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cameras out of total 147 cameras at Jodhpur and Udaipur are
non-functional. Moreover, learned Amicus Curiae highlighted that
the recruitment of 876 Challani Guards between 2019-2021 does
not address the current manpower requirements based on present
overcrowding. The order dated 05.03.2018 regarding intensive
searches for mobile phones also requires verifiable, institution-
wise logs, not merely the installation of jammers. It is lastly
stated that the Prison Inmate Calling System (PICS) must also be
functionally verified.
(b). D.B. CWP No. 11417/2008 (Peoples Watch): It is stated
that the said petition regarding the inadequate provision of
washing soda pertaining to Rule 120 of the Rajasthan Prisons
Rules, 1951 and water is now subsumed under directions 1 and 2
of the order dated 27.01.2016 passed by this Court, which
mandate continuous tap-water supply and hygiene.
(c). D.B. CWP No. 5463/2015 (Women’s Rights): It is
highlighted that automatic sanitary napkin vending machines were
installed in Jaipur, and directions were issued for the remaining six
women’s prisons at Jodhpur, Kota, Udaipur, Ajmer, Bharatpur, and
Bikaner. The issue of allowing periodic meetings of closely related
convicts (husband/wife, father/son) is currently being examined
by the State.
(d). D.B. CWP No. 12416/2019 (Custodial Death): It is urged
that the State Government has formulated the “Rajasthan
Custodian Death Relief Scheme 2025”, based on prevalent
schemes in Haryana, Odisha, and Karnataka. The scheme is
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pending scrutiny and approval by the learned Advocate General
and will be operationalized shortly.
(e). D.B. CWP No. 12416/2019 (RSLSA): Regarding the
release of female/old prisoners, the State placed an updated
status dated 10.10.2025 on record reflecting that 548 female
prisoners are out on bail, 48 on permanent parole, 45 released,
123 in Open Jails, 32 deceased, and 254 confined.
(f). D.B.C.W. (PIL) No. 5997/2026 (Open Correctional
Institutions): Registered pursuant to the directions passed by
the Hon’ble Supreme Court in Suhas Chakma v. Union of
3
India , it is submitted that Open Correctional Institutions are
actively functioning in the State of Rajasthan.
EVALUATION OF INSTITUTIONAL REFORMS:
10. We extend our sincere appreciation to all the learned Amici
Curiae for their valuable assistance and efforts in the present
matter spanning from the period of 2008 to 2026.
11. Upon bare perusal of the above-mentioned record, we are of
the view that the extensive exercise undertaken by this Court
since 2008 has yielded substantial institutional reforms, the
enactment of updated Prison Rules, and widespread infrastructural
upgrades. However, as the unfortunate incident of 29.06.2026 at
Ajmer demonstrates, the implementation of these directions
requires perpetual vigilance, adequate technical support, and not
merely episodic compliance.
3 (WP 1082/2020)
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12. Given that the specific murder incident is under active
investigation, and considering that the State Government is
pursuing institutional reforms, keeping these judicial dockets
pending endlessly serves no further fruitful purpose. However,
their closure must be accompanied by a robust, continuous
monitoring mechanism as prayed for by the learned Amicus
Curiae .
DIRECTIONS AND CONCLUSION:
13. Accordingly, the present batch of suo motu Public Interest
Litigations stands closed and disposed of with the following
directions:
(i). Permanent Monitoring Committee: A State-Level
Monitoring Committee is hereby constituted, headed by the
District Judge(s) concerned of the respective districts who shall
act as the Chairman of the Committee. Being the administrative
and judicial head of the district, the District Judge shall actively
monitor the prevailing conditions, provide requisite inputs for
effective execution, and ensure that all the directions passed by
this Court shall be strictly complied with in letter and spirit. The
other members of the Committee shall comprise the Director
General of Prisons, Rajasthan, the Member Secretary, RSLSA, and
the Director, DOIT, Rajasthan.
(ii). Technical Mandamus to DOIT & RISL: A mandamus is
issued to the Director, DOIT, Rajasthan, and RAJCOMP Info
Services Ltd. (RISL) to immediately respond and take appropriate
actions towards the pending maintenance requests from all Jails.
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The said authorities are granted three months to ensure that all
proposed CCTV cameras, including 275 cameras at Bikaner and 60
cameras at Jaipur, are fully installed; defective cameras, as
highlighted vide the inspection report dated 29.10.2025 are
repaired; and adequate storage and backup systems are
functional.
(iii). Security Sweeps: The Prison Department shall formulate a
Standard Operating Procedure (SOP) to comply with the directions
laid down by this Court vide order dated 05.03.2018 in D.B. Civil
Writ Petition No. 2808/2012, ensuring periodic, intensive, and
surprise searches for mobile phones across all jails, maintaining a
strict institution-wise log of recoveries.
(iv). Manpower & Wages: The State Government shall, within
three months, assess the current requirement of Challani Guards
against the present inmate population and initiate time-bound
recruitment. Moreover, the State shall ensure that the payment of
wages to prisoners remains in consonance with the mandates laid
down by the Hon’ble Supreme Court in Phool Kumari (supra) .
(v). Women’s Prisons & Related Convicts: The State shall
ensure the functional availability of sanitary vending machines
across all women’s prisons. The policy allowing periodic meetings
of closely related convicts shall be finalized within two months.
(vi). Custodial Death Relief Scheme: The “Rajasthan Custodian
Death Relief Scheme 2025” shall be finalized, approved, and
formally notified by the State Government within a period of three
months from the date of passing of the present judgment.
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14. It is directed that the State-Level Monitoring Committee shall
convene quarterly to review the compliance of the aforesaid
directives passed hereinabove and the categorical directions
passed by this Court vide order dated 27.01.2016 in D.B. Civil Writ
Petition No. 2808/2012.
15. The Registrar (Judicial) is directed to send a copy of the
present judgment to all the concerned District Judges for
knowledge and necessary compliance of the present judgment.
16. Pending applications, if any, in the present batch of petitions
also stand disposed of.
(SAMEER JAIN),J (SANJAY K. AGRAWAL),CJ
Preeti Asopa
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