Tripura High Court
Smt. Shipra Chakraborty vs The State Of Tripura (To Be Represented ... on 19 November, 2024
Page 1 of 5
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.701 of 2024
Smt. Shipra Chakraborty, W/O Sri Sasthi Chakraborty, R/O- Office Tilla,
Bishalgarh, P.O- Bishalgarh, P.S- Bishalgarh, District- Sepahijala, PIN-799102
.........Petitioner(s);
Versus
1. The State of Tripura (To be represented by the Secretary, Home Department,
Government of Tripura), New Secretariat Building, New Capital Complex,
Kunjaban, P.S- New Capital Complex, Agartala, West Tripura, PIN- 799010
2. The Inspector General of Prison, Govt. of Tripura, Near Old Central Jail,
Agartala, West Tripura, Pin-799001
3. The Deputy Secretary (Home), Jail Department, Govt. of Tripura, New
Secretariat Building, New Capital Complex, Kunjaban, P.S- New Capital
Complex, Agartala, West Tripura, PIN- 799010
4. The Superintendent, Kanchanpur Sub-Jail, Govt. of Tripura, District- North
Tripura.
5. The DM & Collector, Govt. of Tripura, North Tripura District, O/o the DM
& Collector, North Tripura
.........Respondent(s).
For Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate,
Mr. Samarjit Bhattacharjee, Advocate,
Mr. Kawsik Nath, Advocate.
For Respondent(s) : Mr. Kohinoor N. Bhattacharyya, G.A.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
HON'BLE MR. JUSTICE S.D. PURKAYASTHA
Order
19/11/2024
Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr.
Kawsik Nath, learned counsel for the petitioner and Mr. Kohinoor N.
Bhattacharyya, learned Government Advocate for the respondents-State.
2. Petitioner is the wife of the convict namely Sasthi Chakraborty,
Son of Late Makhan Chakraborty, who has suffered conviction under Section
302 of the Indian Penal Code read with Section 149 of the IPC and Section 3 of
the Explosive Substances Act, 1908 read with Section 149 of the IPC vide
judgment of conviction and sentence dated 29.04.2016 and 30.04.2016
respectively passed by the learned Additional Sessions Judge, Court No.2, West
Tripura, Agartala in Sessions Trial No.17(ST/A) of 1986. The Criminal Appeal
(J) No.35/2016 preferred by Sri Sasthi Chakraborty and other convicts have
been dismissed by Coordinate Bench of this Court vide judgment and order
dated 01.11.2019 [Annexure-1]. The convict has been imposed with a sentence
of rigorous imprisonment for life and fine of Rs.20,000/- and a default sentence
under Section 302 of the IPC read with Section 149 thereof. He has also been
sentenced to suffer RI for 7 years with fine of Rs.10,000/- and a default
sentence under Section 3 of the Explosive Substances Act, 1908 read with
Section 149 of the IPC.
3. Mr. P. Roy Barman, learned senior counsel for the petitioner,
submits that husband of the petitioner is in custody since the date of his
conviction i.e. 29.04.2016. Therefore, he has completed 7 years of sentence
under Section 3 of the Explosive Substances Act, 1908; but he is suffering the
life sentence under Section 302 of the IPC. It is submitted that the marriage
ceremony of the only daughter of the petitioner and the convict Sasthi Chakraborty
is to be performed on 27.11.2024. He had prayed for parole; the application of
which was forwarded by the Jail Superintendent vide letter dated 04.09.2024 with
an observation that he is not eligible to grant parole as he is a convict of Explosive
Substances Act. It is further submitted that the convict has not been released for a
single day since his conviction and has undergone sentence for almost a period of
eight years and seven months by now. Learned senior counsel for the petitioner
has also drawn the attention of this Court to Section 31A(1) under Part VI A of the
Prisoners (Tripura Amendment) Act, 1979 and also the
Prisoners (Tripura Second Amendment) Act, 2019 whereunder certain
conditions have further been added under Section 31A of the original Act. He
submits that as per the amended Sub-Section (4) of Section 31A, those
convicted under TADA, POTA, UAPA and other enumerated Acts including
Explosive Substances Act, 1908 shall not be entitled for parole. However it is
submitted that since the convict has already undergone the sentence under
Explosive Substances Act, this rider may not operate against him. Otherwise,
there are no adverse remarks against his good conduct during the period of his
incarceration. Since no decision was taken by the competent authority i.e. the
Home Secretary of the State upon the representation of the convict and the
reference made by the Superintendent of Kanchanpur Sub-Jail on 04.09.2024,
petitioner has been compelled to move this Court in writ jurisdiction. Learned
senior counsel for the petitioner submits that the respondents authority in
particular the Home Secretary, Government of Tripura may be directed to take
a decision on the application of the convict and release him on parole for a
period of 30 days in accordance with law and the Prisoners (Tripura
Amendment) Act, 1979 as amended.
4. Mr. Kohinoor N. Bhattacharyya, learned Government Advocate
for the respondents-State, submits that the matter has been taken up for the first
time. Therefore, instructions are awaited. However in view of the
circumstances explained by learned senior counsel for the petitioner that the
daughter of the petitioner and the convict is going to be married on 27.11.2024,
this Court may if deem fit direct the competent authority/Secretary, Home
Department to take a decision on the application of the petitioner as forwarded
by the Jail Superintendent, Kanchanpur Sub-Jail vide Annexure-4 in
accordance with law and the Prisoners (Tripura Amendment) Act, 1979 as
amended within this time.
5. We have taken note of the submission of learned counsel for the
parties and referred to the relevant material pleadings placed from record. It
appears that the request for parole was made on behalf of the convict on
30.08.2024 which has been forwarded with certain observations by the
Superintendent of Jail, Kanchanpur Sub-Jail to Inspector General of Prisons on
04.09.2024 itself, but no decision has been taken. The forwarding letter
however also indicates that the convict is not eligible to grant parole as he is a
convict of Explosive Substances Act. On the other hand, learned senior counsel
for the petitioner has pointed out that his sentence under Explosive Substances
Act has been completed after 7 years of incarceration and he is now undergoing
sentence only under Section 302 of the IPC. Since the marriage ceremony of
the daughter of the petitioner and the convict is going to be solemnized on
27.11.2024 and no decision has been taken on the representation of the convict
by the competent authority, we deem it proper to dispose of the writ petition
without commenting on the merits of the request made by the convict for the
competent authority to take a decision on the question of grant of parole to the
convict Sasthi Chakraborty son of Late Makhan Chakraborty suffering
conviction in connection with Sessions Trial No.17(ST/A) of 1986 and stated to
be in jail since 29.04.2016 upon his conviction in accordance with law and the
provisions of Prisoners (Tripura Amendment) Act, 1979 as amended latest by
25th November, 2024.
6. Writ petition is disposed of accordingly. Let a copy of the order be
handed over to the learned Government Advocate and learned counsel for the
petitioner today.
(S.D. PURKAYASTHA), J (APARESH KUMAR SINGH), CJ
Pijush/
DIPESH DEB Date: 2024.11.19 16:54:25
