The Calcutta High Court has ordered the compliance of premature release order of a prisoner taking note of the delay caused due to failure of the State Judicial Department to locate his file.

The Court was considering a Contempt Application assailing the delay in release of the prisoner despite recommendation from State Sentence Review Board and order of court directing its compliance.

The single-bench of Justice Shampa Sarkar observed, "In view of the submissions made on behalf of the alleged contemnor through Mr. Basu Mallick, learned 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."

The Applicant was represented by Advocate Lipika Das while the Respondent was represented by Advocate Biswabrata Basu Mallick.

The alleged Contemnor (State Judicial Depatment) submitted that the file is with the Home Department and it is difficult for it to trace out the same.

The Court took note of the fact that the Officers of the State of West Bengal had already suffered contempt on the selfsame issue. The contempt application was disposed of by recording that after the State Sentence Review Board's recommendation, further actions in the process of release was a mere formality to be fulfilled by the Judicial Department, Government of West Bengal. As there was considerable delay again, writ petition was filed alleging non-compliance and inaction on the part of the Judicial Department. The said writ petition was disposed of, directing the Judicial Department to take necessary steps so that the final release order reaches the correctional home authorities within two weeks from date. The said order was, however, not complied with.

"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," the Court observed.
The Application was accordingly disposed off.

Cause Title: Afzal Khan & Anr. vs. Siddhartha Kanjilal, WBCS (Exe), Principal Secretary, Judicial Department, Government of West Bengal

Appearances:

Applicant- Advocate Lipika Das

Respondent- Advocate Biswabrata Basu Mallick, Advocate Biman Halder

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