Rashid Alam @ Gabbar vs The Deputy General & Inspector ...
2021 Latest Caselaw 2759 Cal

                  IN THE HIGH COURT AT CALCUTTA
                 CONSTITUTIONAL WRIT JURISDICTION
                         APPELLATE SIDE
12.04.2021
  D/L- 01
  Ct. 23
(suvendu)
                             WPA 5583 of 2019
                            (Via Video Conference)

                              Rashid Alam @ Gabbar
                                       Vs.
                       The Deputy General & Inspector General of
                       Correctional Services, West Bengal & Anr.


              Mr. Lokesh Sharma
              Mr. Sunil Chomal
              Mr. Rama Kant Sharma
                                           ......for the petitioner

              Mr. Sabir Ahmed
                                            ............for the State


                Affidavit of service filed in court today is kept on

             record.

                The    petitioner seeks a direction upon the

             concerned authorities to transfer the petitioner from

             Bardhaman Central Correctional Home to any other

             Correctional Home, which is located near to the

             Court of the learned Additional Chief Metropolitan

             Magistrate, Bankshall Court at Kolkata.            The

             petitioner says that the petitioner's transfer from

             Alipore Central Correctional Home, where he was

             sent by the learned Additional Chief Metropolitan

             Magistrate, Bankshall Court, Kolkata by its order

             dated 19th December, 2018, to Bardhaman Central
                    2




Correctional Home on the same day was made

arbitrarily without seeking any judicial order.         The

petitioner could not also have been transferred to

Bardhaman Central Correctional Home, which is far

from   the    Court    wherein   petitioner's   trial    is

continuing.    The petitioner relies upon two orders.

One, dated 21st July, 2017 passed in W.P. 10040 (W)

of 2017 (Dalim Pandey Vs. The State of West Bengal

& Ors.) and the other, dated 25 th September, 2019

passed in W.P. 15683 (W) of 2019 (Ramesh Mahato

Vs. The State of West Bengal & Ors.). Order passed

in Ramesh Mahato (supra) relates to a co-accused of

the petitioner, where the State-respondents were

directed to bring back the said co-accused to

Presidency Correctional Home.

On behalf of the State-respondents, the prayer

for transfer of the petitioner from Bardhaman

Central Correctional Home to Presidency

Correctional Home is opposed on the ground that

the petitioner along with his co-accused and another

person had been allegedly operating a racket in the

Presidency Correctional Home and for such reason,

the petitioner had to be transferred.

Keeping in mind the ratio laid down by the

Hon'ble Supreme Court in the judgment of State of

Maharashtra & Ors. Vs. Saeed Sohail Sheikh

reported in AIR 2013 SC 168, the petitioner is

required to be kept in a Correctional Home near to

the Court of the learned Additional Chief

Metropolitan Magistrate, Bankshall Court at

Kolkata, wherein the petitioner's case is being tried.

If the State authorities are apprehensive of any

alleged racket in keeping the petitioner along with

the co-accused in the Presidency Correctional Home,

then the same speaks of the administrative flaws in

the jail administration. However, without interfering

into the policy matter of the State at this stage, the

fact remains that the petitioner is required to be

kept in a Correctional Home nearest to the Court of

the learned Additional Chief Metropolitan

Magistrate, Bankshall Court, Kolkata. If the State-

respondents are not confident in keeping the

petitioner along with the co-accused in the

Presidency Correctional Home, then any

Correctional Home, which is closest to the Court of

the learned Additional Chief Metropolitan

Magistrate, Bankshall Court, Kolkata apart from

Presidency Correctional Home should be selected

and the petitioner shall be transferred from

Bardhaman Central Correctional Home to such

Correctional Home. The transfer has to be made not

beyond four weeks from date.

Nothing further remains to be adjudicated in

this writ petition. The same is disposed of

accordingly without any order as to costs.

Since I have not called for any affidavits,

allegations made in the writ petition are deemed to

have not been admitted.

Urgent photostat certified copy of this order, if

applied for, be given to the parties on usual

undertakings.

(Arindam Mukherjee, J.)