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1980 Supreme(Cal) 120

CHITTATOSH MUKHERJEE
ANIL BASAK – Appellant
Versus
JAILER, DUM DUM CENTRAL JAIL – Respondent


Advocates Appeared:
Amar Raha, Ashim Mukherji

CHITTATOSH MUKHERJEE, J.


( 1 ) IN a sessions trial held at Alipore, 24-Parganas the petitioner was convicted under S. 302 of the Indian Penal Code and sentenced to death. On 9th June, 1969 the Governor of West Bengal had commuted his said sentence to imprisonment for life. As a life convict, he is now undergoing detention. He is at present lodged in Alipore Central Jail. Whether he was a prisoner in Dum Dum Central Jail, the Superintendent of the said Jail by his order dated 20th March, 1975 by way of punishment had forfeited connection with an incident at Barrackpore Lock Up.

( 2 ) ON the recommendation of the Superintendent, Dum Dum Central Jail, the Inspector General of Prisons, West Bengal by his order dated 18th April, 1975 as a punishment, inter alia, forfeited the entire remission earned by him and also excluded him from remission system for a period of three years.

( 3 ) THE petitioner in the instant writ application has challenged the validity of the aforesaid two punishment order passed against him.

( 4 ) MR. Amar Raha, learned advocate for the petitioner, submitted that the Superintendent, Dum Dum Central Jail had no jurisdiction to forfeit four days of the remission






















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