1. Petitioner's long-term incarceration in a correctional home — Seeking release under the West Bengal Correctional Services Act, 1992. (Para 1 , 4 )
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2017 Supreme(SC) 1260
SUPREME COURT OF INDIA
ROHINTON FALI NARIMAN, SANJAY KISHAN KAUL, JJ.
Prithwis Chawdhury (In Jail) - Petitioner
Versus
Union of India Ministry of Home Secretary & Ors. - Respondents
Writ Petition (Criminal) No. 180 of 2016
Decided On : 07-07-2017
Important Points
The statutory mandate in Section 61(2) of the West Bengal Correctional Services Act, 1992, influenced the court's decision to release the petitioner from the correctional home.
Subject
Criminal Law - Corrections and Rehabilitation
Act Referred
WEST BENGAL CORRECTIONAL SERVICE ACT: S.61(2)
Headnote
The petitioner had been in the correctional home for over 19 years. The court, considering the statutory mandate in Section 61(2) of the West Bengal Correctional Services Act, 1992, ordered the petitioner's release forthwith. The court disposed of the writ petition accordingly.
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Petitioner: Mr. Anip Sachthey, Ms. Anjali Chauhan, Ms. Ria Sachthey
For the Respondents: Mr. Kalyan Bandopadhyay, Mr. Kunal Chatterji, Mr. Chanchal Kumar Ganguli
Advocate Appeared:
For the Petitioner: Mr. Anip Sachthey, Ms. Anjali Chauhan, Ms. Ria Sachthey
For the Respondents: Mr. Kalyan Bandopadhyay, Mr. Kunal Chatterji, Mr. Chanchal Kumar Ganguli
Table of Contents
2. Submission regarding the petitioner's prolonged incarceration in a correctional home for over nineteen years. (Para 1 , 4 )
3. The court observed that the case is fit for release pursuant to the statutory mandate of the West Bengal Correctional Services Act, 1992. (Para 2 , 5 )
4. Release from a correctional home is permissible under the statutory mandate provided in Section 61(2) of the West Bengal Correctional Services Act, 1992. (Para 2 , 5 )
5. Writ petition disposed of with a direction for the immediate release of the petitioner. (Para 3 , 6 )
6. What is the legal basis for the release of a prisoner under the West Bengal Correctional Services Act, 1992?
A prisoner may be released if the court finds the case fit for release based on the statutory mandate contained in Section 61(2) of the West Bengal Correctional Services Act, 1992. (Para 2 , 5 )
ORDER :
We have been informed by learned counsel for the petitioner that the petitioner has been in this particular correctional home for a period of over 19 years.
2. Having regard to the statutory mandate contained in Section 61(2) of the West Bengal Correctional Services Act, 1992, we think that this is a fit case in which the petitioner should be released forthwith.
3. The writ petition is disposed of accordingly.
ORDER :
4. We have been informed by learned counsel for the petitioner that the petitioner has been in this particular correctional home for a period of over 19 years.
5. Having regard to the statutory mandate contained in Section 61(2) of the West Bengal Correctional Services Act, 1992, we think that this is a fit case in which the petitioner should be released forthwith.
6. The writ petition is disposed of in terms of the signed order.
