Rashid Alam Alias Gabbar vs The Deputy General & Inspector ...
2021 Latest Caselaw 1839 Cal

10.03.2021          IN THE HIGH COURT AT CALCUTTA
 Sl. No.22         CONSTITUTIONAL WRIT JURISDICTION
    (PP)                   APPELLATE SIDE
                         (Via Video Conference)

                             WPA 5583 of 2019

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

                 Mr. Lokesh Sharma,
                 Mr. Sunil Chowal
                                                  ....for the petitioner.

                The     petitioner   seeks   a   direction   upon   the

             authorities to transfer the petitioner from Bardhaman

             Central Correctional Home to any other correctional

             home which is located nearest to the Court of the

             learned Additional Chief Metropolitan Magistrate,

             Bankshall Court at Kolkata. The petitioner says that

             two under-trial prisoners in Burtalla P. S. Case

             No.205 of 2018 dated 5th December, 2018 now

             pending before the Court of the learned Additional

             Chief Metropolitan Magistrate, Bankshall Court which

             includes    the    petitioner   were     transferred    to

             Bardhaman Central Correctional Home from Kolkata.

             The other co-accused and under-trial prisoner had

             filed a writ petition for bringing him back to a

             correctional home near the Court of the Additional

             Chief Metropolitan Magistrate, Bankshall Court. The

             said writ petition, being W.P. 15683 (W) of 2019

             (Ramesh Mahato vs. The State of West Bengal & Ors.)
                     2




was disposed of on 25th September, 2019 by directing

the said petitioner to be returned to the Presidency

Correctional Home forthwith. The petitioner says that

the said order dated 25th September, 2019 was

passed following the judgment and order dated 21st

July, 2017 passed in W.P. 10040 (W) of 2017 (Dalim

Pandey Vs. State of West Bengal & Ors.).            The

petitioner says that there can be no objection from

the side of the respondents in bringing back the

petitioner to the Presidency Correctional Home or any

other correctional home near to the Court of the

Additional Chief Metropolitan Magistrate, Bankshall

Court at Kolkata.

The State respondents remain unrepresented.

Let the petitioner cause service of a notice upon

the learned Government Pleader informing him that

the matter will appear in the list on 19th March, 2021.

It is made clear that appropriate orders will be

passed on the returnable date if the State

respondents remain unrepresented despite service.

Let this matter appear on 19th March, 2021.

(Arindam Mukherjee, J.)