Rashid Alam Alias Gabbar v. The State Of West Bengal And ORS.

15.07.2025 AD. Sl. 26 Ct.No. 14 Amalranjan

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 6 of 2025 Rashid Alam alias Gabbar Vs.

The State of West Bengal and Ors.

Mr. Sreyash Kumar Singh ...for the petitioner Mr. Biswabrata Basu Mallick, Ld.AGP Mr. Tamal Taru Panda ...for the State respondents

1. Affidavit of service filed by the petitioner is taken on record.

2. Rejection of the petitioner's prayer for premature release is impugned in the instant writ petition.

3. It appears that the Authority rejected the prayer of premature release on the ground that the life convict is middle aged person and found physically and mentally fit. Nothing could be ascertained about the potentiality for further crime. His antecedents, nature of crimes already committed organized by him, his potentiality for committing further crime in organized manner only for money prompted the Board Members to recommend his case for premature release.

4. From the report forwarded by the Law Officer, Directorate of the Correctional Services dated 10th January, 2025, it appears that the petitioner is a hardcore criminal and releasing

him from custody would seriously compromise the safety of the society at large and set a bad example due to his well-known notoriety. He has never been released on parole without a police guard by the correctional home during his incarceration. The police have raised strong objection for his release. The petitioner also has a history of several transfers in various correctional homes on administrative grounds.

5. On hearing the submission made on behalf of the petitioner and on perusal of the report that has been placed, the Court does not find any illegality on the part of the authority in refusing to release the petitioner prematurely.

6. The prayer of the petitioner, being a life convict, for premature release cannot be allowed.

7. The writ petition fails and is hereby dismissed.

8. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha,J. )