Calcutta High Court (Appellete Side)
WPA/4510/1997 on 3 October, 2024
03.10.2024 ASSIGNED MATTER
2-9
sdas
W.P.A.(P) 27 of 2021
+
CAN 1 of 2023
+
CAN 2 of 2024
+
CAN 3 of 2024
in
CRM (NDPS) 48 of 2023
in
CRM (NDPS) 52 of 2023
with
CRR 798 of 2023
with
CRR 799 of 2023
with
W.P.A. 26371 of 2017
CAN 3 of 2024
CAN 4 of 2024
with
W.P.A. 4510 of 1997
with
W.P.A. 5440 of 2020
CAN 1 of 2020 (Old CAN 3147 of 2020)
with
W.P.A. 7252 of 2018
with
W.P.A. 8573 of 2018
[In Re : The Court in its own motion In Re : UTP
Dipak Joshi, Lodged in Dum Dum Central
Correctional Home]
Mr. Rudradipta Nandy, ld. APP
..... for the State
Mr. Saikat Banerjee
Ms. Juin Dutta Chakraborty
.... for High Court Administration
Mr. Jayanta Narayan Chatterjee
Ms. Jayashree Patra
..... SLSA in WPA(P) 27/2021
2
Ms. Jhuma Sen
Mr. Dinesh Vishwakarma
Ms. Swastika Chatterjee
..... for the intervener in CAN 3
of 2024 and CAN 4 of 2024 in
WPA 26371/2017
Mr. Kallol Basu
Mr. Smarajit Basu
Ms. Varsha Sharma
..... for the intervenor in WPA (P)
27/2021.
Mr. Tapas Kr. Bhanja
Mr. Subas Ray
..... Amicus Curiae in
WPA 4510/1997 &
Mr. Kaushik Gupta
.... for SLSA in
WPA 26371/2021
Mr. Kallol Mondal
Mr. Krishan Roy
..... for SLSA in WPA(P) 8573/2018
Mr. Raghunath Chakraborty
Mr. Mehboob Ahmed
Ms. Nandini Chatterjee
..... for the intervenor
Mr. Moyukh Mukherjee
..... for the respondent in CRR
Mr. Pradip Kumar Roy
Mr. Joydeep Roy
..... for PSCWB
In Re: WPA (P) 27 of 2021
Mentally ill prisoners:-
1. Compliance report of West Bengal State
Legal Services Authority is placed on record. Copy
of the report be circulated amongst the appearing
parties. They may file their responses by the
adjourned date.
Terminally ill prisoners:-
2. State shall submit report with regard to
health condition of Ispinder Molla on the
adjourned date.
3. Report is filed on behalf of the State Legal
Services Authority. From the report it appears
Mrityunjoy Paul, an undertrial who is a HIV
positive patient has been enlarged on bail.
4. Report is submitted on behalf of the High
Court Legal Services Committee. From the report it
appears lawyers have been appointed for convicts
viz., Uttam Kayal, Abdul Wahab Sarder, and Md.
Ehsan to file bail applications in pending appeals.
We hope and trust that the bail applications shall
be filed before the adjourned date. We are also
informed that Chittaranjan Halder has already
been enlarged on bail.
5. Report also states that lawyer has been
engaged on behalf of Laxmikanta Karmakar to
prepare special leave petition against the judgment
and order passed by this Court. We request the
High Court Legal Services Committee to take steps
so that the special leave petition is prepared and
submitted before the Hon'ble Supreme Court by
the adjourned date. Further report be filed by the
High Court Legal Services Committee on the
adjourned date.
Compensation for unnatural death:
6. State seeks further time to submit report in
respect of 905 unnatural deaths in the correctional
homes between 2016-22. Report be filed on the
adjourned date.
Release of undertrials under Section 479 BNSS:
7. Registrar Administration (L & OM) has
submitted report. Report shows 240 inmates had
completed one third of maximum period of
imprisonment and 64 inmates have completed half
of the maximum period of imprisonment in the
correctional homes as first time offenders and they
are entitled to prefer bail applications before the
jurisdictional courts as per Section 479 BNSS.
Report be forwarded to the State Legal Services
Authority and the Member Secretary of the State
Legal Services Authority shall co-ordinate with the
Secretaries of the District Legal Services
Authorities concerned as well as correctional
homes on behalf of the said inmates to ensure that
the bail applications under Section 479 BNSS be
filed before the jurisdictional courts. Jurisdictional
courts shall consider the said bail applications in
light of the directions of the Hon'ble Apex Court in
order dated 23.08.2024 in Re - Inhuman
Conditions in 1382 Prisons1.
8. Mr. Bhanja submits Ghatal Sub-correctional
Home is inundated. Intimates had to be
transferred to other correctional homes.
9. District Magistrate shall take immediate
measures to remove water logging at the Sub-
correctional Home and after the correctional home
is made habitable inmates may be re-transferred.
District Magistrate shall submit report on the
adjourned date.
10. Let the matters appear on 21st November,
2024.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)
Writ Petition (Civil) No. 406/2023
