Nishipada Barman v. The State Of West Bengal And ORS

Item- 74.

24-09-2025 WPA 23120 of 2025 Ct. 550 Nishipada Barman sg

Versus

The State of West Bengal & Ors.

Mr. Sandipan Ganguly, Sr. Adv.

Mr. Dipanjan Dutta Mr. Surojit Saha Mr. Soumodip Ghosh ...for the petitioner 1.

Affidavit-of-service filed in court today is taken on record.

2.

The State Legal Services Authority, West Bengal, has filed this writ petition on behalf of the life convict namely, Nishipada Barman, who was convicted by a judgment and order of the learned Additional Sessions Judge, 2nd Court, Malda in Sessions Trial No. 27/03, (arising out of Sessions Case No. 252 of 2001) under Section 302/34 IPC, for premature release.

3.

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 States in 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.

4.

It is alleged that the said guidelines and directions were not followed by the respondent authorities.

5.

Needless to mention that the Hon'ble Supreme Court

mandated that the State must consider the prayer for premature release and also consider eligibility of the life convicts without waiting for the convict's applications. As the allegation that the said guidelines are not followed in accordance with the direction of the Hon'ble Supreme Court, I direct the respondent authorities to consider the prayer for premature release of the life convict, namely, Nishipada Barman, in accordance with the relevant guidelines of National Legal Services Authority and also in accordance with section 61(2) of the West Bengal Correctional Services Act, 1992, within two months from date and to inform the said decision to the life convict immediately thereafter.

6.

This writ petition be treated as prayer for pre-mature release on behalf of the life convict.

7.

Let this order be intimated to the life convict through the State Legal Services Authority, West Bengal. 8.

With the aforesaid direction, WPA 23120 of 2025 is disposed of.

9.

Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis, upon compliance of all necessary formalities.

10. All parties shall act on the server copy of this order. (Apurba Sinha Ray, J.)