JAGDISH SINGH KHEHAR, P.SATHASIVAM
Life Convict Bengal @ Khoka @ Prasanta Sen – Appellant
Versus
B. K. Srivastava – Respondent
JUDGMENT :-
P. Sathasivam, J.
1) The petitioner – a life convict has filed this contempt petition against the respondents – the State of West Bengal and its officers for disobeying the order dated 24.11.2010 passed by this Court by not complying with the same within the prescribed period of eight weeks and failure to release him in accordance with the statute.
2) Brief facts:
(a) Prior to the above contempt petition, the petitioner filed a writ of Habeas Corpus being W.P. (Crl.) No. 279 of 2004 - for his immediate release in which it was stated that as per his calculation, he has undergone total sentence of imprisonment for a period of 22 years 2 months and 16 days including earned remission. According to him, even as per the stand taken by the respondents in their counter affidavits, he had undergone sentence for a period of 20 years 1 month and 17 days including remission and set off as on 31.12.2004. In other words, according to the petitioner, he has already undergone full sentence of 20 years with remission.
(b) By order dated 24.11.2010, this Court disposed of W.P. (Crl.) Nos. 20 and 279 of 2004 with the following directions:
“In the light of the decision of this Court in State of
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