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Calcutta High CourtWPA/5036/2024allowed

Kanchi @ Sanjit Makhal And ANR. v. State Of West Bengal And ORS.

2024-04-09Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

AD-11 Ct. No.36 06.09.2024 TN CPAN 1055 of 2024 in WPA 5036 of 2024 Kanchi @ Sanjit Makhal and another VS Laxmi Narayan Meena, IPS and another Mr. Uday Sankar Chattopadhyay, Mr. Dibakar Sardar, Ms. Trisha Rakshit, Ms. Rajashree Tah, Ms. Aishwarya Datta .... for the petitioners Mr. Moniruzzaman ....for the alleged contemnors

1. The affidavit of compliance filed today be kept on record.

2. It transpires that much before the scheduled time as per the direction of this court, the alleged contemnors have taken a decision on the premature release of the petitioners on May 14, 2024 and have denied such relief to the petitioners.

3. Learned counsel appearing for the petitioners submits that the yardsticks as stipulated in the order under contempt were not complied with by the alleged contemnors.

4. However, it is evident from the decision taken in the minutes dated May 14, 2024 by the State Sentence Review Board, West Bengal that elaborate reasons were given for taking the decision insofar as the petitioners are concerned.

5. In the event the petitioners are further aggrieved by such decision on merits, it will be open to the petitioners to challenge the same in a fresh writ petition. However, I do not find any willful or deliberate violation of the order of this court to justify taking measures for contempt.

6. Accordingly, CPAN 1055 of 2024 is dismissed in the light of the above observations.

7. There will be no order as to costs.

8. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)