[2026:RJ-JP:40722-DB] 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

[2026:RJ-JP:40722-DB] (2 of 15) [CW-2808/2012]

“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,

[2026:RJ-JP:40722-DB] (3 of 15) [CW-2808/2012]

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

[2026:RJ-JP:40722-DB] (4 of 15) [CW-2808/2012]

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

[2026:RJ-JP:40722-DB] (5 of 15) [CW-2808/2012]

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.

[2026:RJ-JP:40722-DB] (6 of 15) [CW-2808/2012]

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

Delhi

1

, it was prayed for the constitution of a committee to

1. 2012 Cr.L.J. 1261 (S.C.)

[2026:RJ-JP:40722-DB] (7 of 15) [CW-2808/2012]

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

[2026:RJ-JP:40722-DB] (8 of 15) [CW-2808/2012]

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.

[2026:RJ-JP:40722-DB] (9 of 15) [CW-2808/2012]

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

[2026:RJ-JP:40722-DB] (10 of 15) [CW-2808/2012]

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

Maharashtra

2

.

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

[2026:RJ-JP:40722-DB] (11 of 15) [CW-2808/2012]

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

[2026:RJ-JP:40722-DB] (12 of 15) [CW-2808/2012]

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

India

3

, 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)

[2026:RJ-JP:40722-DB] (13 of 15) [CW-2808/2012]

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.

[2026:RJ-JP:40722-DB] (14 of 15) [CW-2808/2012]

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.

[2026:RJ-JP:40722-DB] (15 of 15) [CW-2808/2012]

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