Ujjal Debnath vs Unknown
2023 Latest Caselaw 1015 Cal

 55    07.02.2023
(cm)
       Court No.29
                                            CRA (DB) 18 of 2020
                                                    With
                                           IA No. CRAN 1 of 2021




                     In the matter of: -Ujjal Debnath.
                                                                                ...Appellant.

                     Mr. Kallol Mondal
                     Ms. Seema Ghosh

                                                                   ... for the Appellant.
                     Ms. Anasuya Sinha
                     Mr. Pinak Kr. Mitra
                                                                  .... for the State.

Learned advocate appearing for the appellant submits that he

requires to interact with the appellant in order to assist the court.

He submits that interaction with the appellants is imperative so as

to assess of the case. Such interaction will place him in a better

position to answer queries of the Court, to appreciate the evidence

on record and to obtain the correct perspective of the case.

State is represented.

Appellant was convicted by the impugned judgment of

conviction and was sentenced. The appellant is presently in jail.

It is a recognized principle of law that a convict is entitled to

legal assistance. Legal assistance is wide enough to include that

the convict is in a position to consult and converse with his

advocates.

In the present day, technological advancements allows a convict

to interact with the advocate while convict is still is in custody.

Such interaction can take place on the virtual platform.

Under such circumstances, Inspector General of Prison in the

State of West Bengal will submit a report as to the facilities that

are available in correctional homes which can be availed of by

convicts to interact with their advocates at least prior to the appeal

being taken up for hearing and during the hearing of such appeal.

Inspector General of Prison is requested to suggest a standard

operating procedure whereby a convict and the advocate of the

convict can interact between themselves on the virtual platform.

He will specify the time period of such interaction and the time of

the day when such interaction will take place. He will identify the

virtual platform software where such interaction can take place.

List this application on February 21, 2023 when the report as

called for be submitted.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)