Tapas Kumar Bhanja vs The State
2023 Latest Caselaw 424 Cal

19 16.01.2023 to WPA/7252/2018 23 COURT IN ITS OWN MOTION gd/ssd IN RE OVERCROWDING IN PRISONS WITH WPA/26371/2017 IN-HUMAN CONDITIONS IN 1382 PRISONS WITH WPA/4510/1997 TAPAS KUMAR BHANJA VS.

THE STATE WITH WPA/5440/2020 IA NO.CAN/1/2020 (OLD NO:3147/2020) APARAJITA BOSE VS.

STATE OF WEST BENGAL & ORS.

WITH WPA/8573/2018 THE HON'BLE COURT'S IN ITS OWN MOTION VS.

STATE OF WEST BENGAL

Mr. S.N. Mookherjee, learned Advocate General, Mr. A. Ray, Md. T.M. Siddiqui, Mr. Raja Saha, Mr. Debasish Ghosh, Mr. Nilotpal Chatterjee, Ms. Adreeka Pandey ..for the State.

Mr. Saikat Banerjee, Ms. Juin Dutta Chakraborty ..for the High Court Administration.

Mr. Sandipan Das, Mr. Badrul Karim ..for Amicus Curiae.

Mr. Tapas Kumar Bhanja ..Petitioner (In Person) in WPA 4510 of 1997.

Mr. Kaushik Gupta ..for SLSA in WPA 26371 of 2017.

Mr. Kallol Mondal ..for SLSA in WPA 8573 of 2018.

Mr. R.N. Chakraborty, Ms. Tanusree Das ..for the Intervenor.

Learned Advocate General has filed the report

disclosing that out of remaining ten seriously ill

inmates as stated in the report dated 04.11.2020, one

inmate, namely, Meghnath Dhibar of Bankura District

Correctional Home has been released on 14.11.2022

and remaining nine inmates (6 UTPs and 3 Convicts)

are given regular treatment. The report further states

that Directorate of Correctional Services, West Bengal

vide Memo dated 02.01.2023 has directed the

Superintendents of all the Correctional Homes to

comply with the provisions of Rule 591(5) of the West

Bengal Jail Code Rules. It is also mentioned in the

report that the funds allocated under the appropriate

Heads are properly and effectively utilised as per the

direction of the Hon'ble Supreme Court contained in

Clause 56.5 of the judgment in the matter of Inhuman

Condition in 1382 prisons reported in (2016) 3 SCC 700.

In respect of Buddheswar Mahato it has been

disclosed that he has been released from the Presidency

Correctional Home on 14.12.2022.

The report is taken on record.

It will be open to the learned counsel for the

petitioners and other parties to file exception to the

report, if required, within two weeks.

Learned counsel appearing for the High Court

Administration has also pointed out that in pursuance

to the direction of this Court dated 07.11.2022, the

communication dated 16.11.2022 was sent to the

Registrar General of Supreme Court of Bangladesh, who

along with the reply dated 11.12.2022 has sent a xerox

of original judgment in Criminal Appeal No.3701 of

2003 passed by the Supreme Court of Bangladesh.

Learned counsel appearing for the High Court

Administration is directed to supply a copy of the

original judgment received from the RG of Supreme

Court of Bangladesh to the learned Advocate General

who has assured that the needful be done in pursuance

to the said judgment expeditiously.

List on 20th of February, 2023.

(Prakash Shrivastava, C.J.)

(Rajarshi Bharadwaj, J.)

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