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2020 Supreme(Sikk) 84

ARUP KUMAR GOSWAMI, BHASKAR RAJ PRADHAN
SIKKIM DRUG USERS FORUM – Appellant
Versus
STATE OF SIKKIM – Respondent


ORDER :

ARUP KUMAR GOSWAMI, J.

Heard Ms. Mingma L. Sherpa, learned Counsel. Also heard Mr. Vivek Kohli, learned Advocate General, Sikkim for respondent nos.1 and 2.

2. By this Public Interest Litigation (PIL), the petitioner makes the following prayer:

    “I That this Honorable Court be pleased to issue a writ of mandamus or any other order with direction in the nature of mandamus directing the State of Sikkim to forthwith determine its inmate holding capacity for each prison based on social distancing norms, hygiene, health, safety and human dignity as prescribed by the World Health Organization/ Central Government.

II That this Honorable Court be pleased to issue a writ of mandamus or any other order with direction in the nature of mandamus directing the State of Sikkim to take rational steps to decongest its prisons so as to arrive at the inmate holding capacity for each prison determined as above by enlarging inmates on the necessary undertakings.

III That this Honorable Court be pleased to issue a writ of mandamus or any other order with direction in the nature of mandamus directing the State of Sikkim in furtherance of achieving an optimum inmate capacity due to the present pandemic r

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