Md Nooren @ Bara Norain v. The Home Secretary, Home And Hills Affairs Department And ORS.
24.09.2025 SL No. 32 Court No. 550 sk WPA 22890 of 2025 Md Nooren @ Bara Noorain Vs The Home Secretary, Home &Hills Affairs Department, Chairman of the West Bengal Sentence Review Board & Ors.
Mrs. Subhasree Patel Mr. Anindya Halder ...for the petitioner Mr. Vimal Kr. Shahi,Ld. AGP Mr. Sk Md Masud ....for the State The State Legal Services Authority, West Bengal has filed the present writ petition on behalf of the life convict namely Md Nooren @ Bara Noorain (have undergone for more than 19 years), who has been convicted by the learned Additional District & Sessions Judge, Fast Track Court No.-I, Calcutta on 25.02.2022 in connection with S.T.Case No. 1(03)/07 in connection with S.C Case No. 127/06 arising out of G.R.Case No. 1879/06 in connection with Sec-H(Bowbazar)Case No. 307 dated 30.08.2006 under Sections 364/302/201/34 of the Indian Penal Code.
The petitioner has prayed for pre-mature release of the life convict since the guidelines prescribed by the National Legal Services Authority as well as Hon'ble apex Court are not being followed by the respondent authorities.
I have gone through the National Legal Services Authority's Standard Operating Procedures on the Process of Premature Release, Parole Furlough of Prisoners, 2022 and also Section 61(2) of the West Bengal Correctional Services Act, 1992.
It is trite to say that National Legal Services Authority has issued Standard Operating Procedure for premature release of the life convicts and the Hon'ble Supreme Court has also directed all the State of India to formulate the policy for premature release, remission of sentences in respect of the life convicts, and the same has been reported in 2025 SCC Online SC 349, In Re: Policy Strategy for Grant of Bail.
In view of the direction of the Hon'ble Supreme Court, the State should not wait for convict's application for pre-mature release and should take appropriate steps periodically.
It prima facie appears that it is not followed in this matter.
Accordingly, the respondent authorities are directed to consider the prayer of the convict/ petitioner, Md Nooren @ Bara Noorain in accordance with the relevant guidelines and laws as mentioned above and to pass appropriate order in connection with the prayer of the convict Md Nooren @ Bara Noorain with the relevant guidelines of NALSA and also in accordance with Section 61(2) of West Bengal Correctional Services Act, 1992 within two months from date and to inform the said decision to the life convict immediately thereupon. This writ petition be treated as prayer for premature release on behalf of the life convict.
With this direction, the instant writ petition is disposed of.
The life convict be informed of this order through the State Legal Services Authorities, West Bengal accordingly.
Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.
All parties are directed to act on the server copy of this order duly downloaded from the official website of the Calcutta High Court.
(Apurba Sinha Ray J.)