Calcutta High CourtCPAN/594/2024dismissed as infructuous

Mahuya Chakraborty v. Shri Surendra Gupta, Ias, The Principal Secretary, Dept Of Correctional Admin, Govt. Of W.B. And Or

2024-08-23Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

AD-09 Ct. No.36 23.08.2024 TN CPAN 594 of 2024 in WPA 22366 of 2023 Mahuya Chakraborty Vs.

Shri Surendra Gupta, IAS, The Principal Secretary, Department of Correctional Administration, Government of West Bengal and others Mr. Kaushik Gupta, Mr. Anirban Tarafder, Mr. Daniel Sarkar .... for the petitioner Mr. Biswabrata Basu Mallick, Ld. AGP, Mr. Sayan Ganguly ....for the Principal Secretary, Judicial Dept, Govt. of WB Mr. Swapan Kr. Dutta, Ld. Sr. Adv., & AGP, Mr. Sirsanya Bandopadhyay, Ld. Jr. Standing counsel, Mr. Tapas Kr. Dey, Mr. Ritesh Kr. Ganguly ....for the alleged contemnors

1. Learned counsel appearing for the alleged contemnors submits that pursuant to the order of this court, the case of the petitioner's husband for premature release was considered in the meeting of the State Sentence Review Board dated May 14, 2024, where it was decided that a recommendation would be made for premature release of the said convict.

2. Learned counsel appearing for the Judicial Department, Government of West Bengal submits that subsequently an order was passed at the level of the Principal Secretary to the Government of West Bengal

pursuant to such recommendation on August 22, 2024, in which it was decided to remit the unexpired portion of the sentence of imprisonment of life of the said convict.

3. A copy of the concerned resolution as well as the SSRB's decision are handed over in court today and kept on record. A further copy of Memo No. 40/Open dated August 22, 2024 issued by the Superintendent of the Raiganj Open Correctional Home is also handed over and kept on record, which indicates that the petitioner's husband, the concerned life convict Sri Babla Chakraborty, was released from the said correctional home on August 22, 2024 that is yesterday.

4. In view of the decision of this court having been complied with and the life convict-in-question having been already released, there cannot be any further occasion to keep the contempt application pending.

5. In view of the compliance of the order-in-question, CPAN 594 of 2024 is dismissed as infructuous.

6. Copies of the documents handed over today in court be also served on the learned Advocate for the petitioner.

7. 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.)