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2022 Supreme(Cal) 34
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
T.S. SIVAGNANAM, HIRANMAY BHATTACHARYYA, JJ.
Buddhadeb Bhowmick - Appellant
Versus
State Of West Bengal And Others - Respondent
WPA (H) 72 of 2021
Decided on : 21-01-2022
Advocate Appeared:
For the Appellant : Mr. Srijib Chakraborty, Mr. Suryaneel Das, adv
For the Respondent: Mr. Amitesh Banerjee, Mr. Anirban Ray, Ld. G. P., Mr. Raja Saha, Mr. Biswabrata Basu Mallick, Mr. Debasish Ghosh, adv
Proper procedures and documentation must be followed in the release of prisoners, and transparency and reliability of information are crucial in such cases.
Headnote:
Habeas Corpus - Custodial Irregularity - West Bengal Correctional Home Act, 1992 - Section 12 - Section 13 - Section 14 - Section 15
Fact of the Case:
The accused was released from the correctional home without proper procedure and documentation, leading to concerns about his whereabouts and potential death due to illness.
Finding of the Court:
The court found procedural irregularities in the release of the accused and ordered further investigation by an independent officer nominated by the Advocate General.
Issues: Procedural irregularity in the release of the accused, concerns about the accused's whereabouts and potential death, reliability of the reports and registers submitted by the correctional home.
Ratio Decidendi: The court emphasized the importance of following proper procedures and documentation in the release of prisoners and ordered an independent investigation to ensure transparency and reliability of the information provided.
Final Decision: The matter was listed for further hearing on 11th February, 2022, and an independent officer nominated by the Advocate General was tasked with conducting a thorough probe into the case.
ORDER :
1. Reference may be made to the order dated 30th December, 2021, which reads as follows:-
"The report filed by the Superintendent, Presidency Correctional Home, West Bengal is before this Court.
According to the report, the accused, Ranjit Bhowmick was released on bail by the learned ACJM, Uluberia on December 21, 2021. The bail bond was furnished before the learned court itself and the learned court directed that the accused be released at once. It has been stated in the report that the accused was thereafter taken to Presidency Correctional Home to check if there was any other case pending against him. When it was found that no other case was pending against the said accused, the accused was released forthwith on December 21, 2021.
Surprisingly, the report is silent as to the time when the accused was taken to the Presidency Correctional Home and ultimately at what time the accused was released. From a copy of the register, it appears that the order of the learned Magistrate was received at around 6.35 p.m.
This Court is not satisfied with the report filed today. Prima facie, it appears that the authorities of the Presidency Correctional Home have not proceeded according to the jail code.
The contention of the learned Government Pleader is that the accused was not taken back into jail but released from the office of the superintendent without making an entry in the register because there was no other case pending against him and also because the learned court below had directed the accused be released forthwith. This is not acceptable by the Court. The learned Government Pleader has also submitted that the Superintendent, Presidency Correctional Home is present before this Court, and the said Ranjit Bhowmick was not taken back into jail custody after his return from court.
The jail authorities have not proceeded according to law as it prima facie appears to this Court. The apprehension of the family of the accused is that the accused succumbed to his illness in jail and the factum of death has not been correctly reported.
The learned Government Pleader, however, submits that at 7.52p.m. the accused was released whereas, the said fact has not been recorded in the report. It is also a matter of serious concern that the accused was released without any entry being made in the relevant register and that too at 7.52 p.m. In view of the procedural irregularity and also in view of the discrepancy in the statements made before this Court with those in the report, this Court is of the opinion that a further report be produced before the learned regular bench with regard to the attempt made for recovery of the accused Ranjit Bhowmick. It is the duty of the authorities to ensure that the accused is recovered especially because the family contends that the accused went missing from the said correctional home.
It is also made clear that the CCTV footage of the recording of December 21, 2021 in the office of the Superintendent, Presidency Correctional Home shall be produced before the Court in order to substantiate that the accused was brought back from Court and made to sit in the office and thereafter released at 7.52 p.m.
Such CCTV footage and further report be produced before the regular bench and the Superintendent, Presidency Correctional Home shall also be present with the original register and other documents showing release of the accused from the correctional home.
Let this matter appear on January 4, 2022 before the Regular Bench."
2. In terms of the directions issued, a report has been filed before us today (21st January, 2022) dated 6th January, 2022 sent by the Superintendent, Presidency Correctional Home. The sum and substance of the report is that the digital video recorder, which was installed in the Correctional Home from which the CCTV footage was directed to be produced is stated to be not functional. The Superintendent of the Correctional Home states that they had requested an expert to examine it, who has stated that th
