Calcutta High Court Directs Release Of Prisoner Left 'Languishing' In Jail After Dept Failed To Find His File For Premature Release

The Calcutta High Court has directed the release of a prisoner who was left languishing in jail after the authorities were unable to find the proper paperwork to allow for his premature release, which had been earlier granted.Justice Shampa Sarkar said: The Judicial Department is unable to locate the file and the applicant No.1 is languishing in the correctional home despite an informed-decision of the Stage Sentence Review Board recommending premature release of the applicant No.1, which was directed to be complied with by a coordinate Bench and the Judicial Department was directed to complete the formalities by according approval.In view of the submissions made on behalf of the alleged contemnor through Mr. Basu Mallick, Additional Government Pleader, who has been engaged by the alleged contemnor that, direction be issued upon the correctional home authority to release the applicant No.1 on the basis of the recommendation made by the State Sentence Review Board, this Court directs the alleged contemnor to transmit this order to the correctional home with necessary instructions, she added.It was submitted on behalf of the alleged contemnor/authorities that necessary orders may be passed by this Court for release of the petitioner No.1. It was stated that the file is with the Home Department and it is difficult for the alleged contemnor to trace out the same.The matter was related to the premature release of applicant No.1. The Court noted that the the State Sentence Review Board had recommended the premature release of applicant No.1. Accordingly, the contempt application was disposed of and the court recorded that further actions in the process of release were a mere formality to be fulfilled by the Judicial Department, Government of West Bengal.As there was considerable delay again, a writ petition was filed alleging non-compliance and inaction on the part of the Judicial Department. The said writ petition was disposed of by this Court, directing the Judicial Department to take necessary steps so that the final release order reaches the correctional home authorities within two weeks from the date. The said order had not been complied with. Accordingly, the petitioner approached the court.Thus, in allowing the premature release of the petitioner despite the papers not having been located the court listed the matter for 28th February for compliance and production of the release order. Case: Afzal Khan @ Fazo @ Afjal Khan & Anr. Versus Siddhartha Kanjilal, WBCS (Exe), Principal Secretary, Judicial Department, Government of West Bengal.Case No: CPAN 1685 of 2024Click here to read order

Calcutta High Court Directs Release Of Prisoner Left 'Languishing' In Jail After Dept Failed To Find His File For Premature Release

Srinjoy Das

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