Calcutta High Court (Appellete Side)
Sk. Dipu @ Dipu @ Chelua @ Sk. Nazir ... vs The State Of West Bengal & Ors on 24 September, 2025
24.09.2025
SL No. 27
Court No. 550
sk
WPA 22865 of 2025
Sk. Dipu @ Dipu @ Chelua @ Sk. Nazir Hossain
Vs
The State of West Bengal & Ors.
Mrs. Subhasree Patel
Mr. Anindya Halder
...for the petitioner
The State Legal Services Authority, West Bengal
has filed the present writ petition on behalf of the life
convict namely Sk. Dipu @ Dipu @ Chelua @ Sk. Nazir
Hossain (have undergone for more than 20 years), who
has been convicted by the learned Additional Sessions
Judge, 1st Court, Hooghly on 10.9.2002 in connection
with Serampore Police Station Case No. 86 dated
20.8.1997 under Sections 302/307/333/34 of the Indian
Penal Code corresponding to G.R.Case No. 193 of 1997,
S.C. No. 254/2000/ S.T. No. 1910 of 2001 & S.C.No.
58/1999, S.T.No. 3 of 1999.
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 Natinal 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 2 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, Sk. Dipu @ Dipu @ Chelua @ Sk. Nazir Hossain in accordance with the relevant guidelines and laws as mentioned above and to pass appropriate order in connection with the prayer of the convict Sk. Dipu @ Dipu @ Chelua @ Sk. Nazir Hossain 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 Authority, 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.)