Sri Gopal Sarkar vs The State Of West Bengal & Ors
2021 Latest Caselaw 1396 Cal

11th February,
 2021
 (AK)
 36

                                     W.P.A. 3571 of 2020

                                      Sri Gopal Sarkar
                                             Vs.
                                The State of West Bengal & Ors.


                                   Mr. Sudipto Maitra
                                   Mr. Manojit Bhattacharyya
                                   Mr. Daipayan Biswas
                                                    ...For the Petitioner.

                                   Mr. Subhabrata Datta
                                   Mr. Benazir Ahmed
                                   Mr. Debashis Sarkar
                                                            ...For the State.



                      When the matter is taken up for hearing, learned

                 counsel for the respondents submits that a copy of the

minutes of the meeting held by the State Sentence Review

Board had already been handed up previously to court.

It is submitted that there is no requirement for any

further detailed recording of reasons in such Board

meeting under any legal provision.

Learned counsel hands up today a copy of a

notification dated January 24, 2000, pursuant to which

the Board was constituted, and contends that the same

indicates that reports sent by the SP and DM of the

District and CP of Calcutta can also be looked into by the

Board for considering premature release.

Learned counsel appearing for the petitioner

submits that the language of the notification itself makes

it clear that the Review Board shall consider those cases

of premature release which were not recommended by the

SP, District Magistrate and Commissioner of Police,

meaning thereby that such consideration could not be

fettered even by any adverse report by those officials.

Both sides had already been heard at length

previously. Hearing is thus concluded.

The matter is reserved for judgment.

(Sabyasachi Bhattacharyya, J.)