Calcutta High Court (Appellete Side)
Aparajita Bose vs State Of West Bengal & Ors on 13 August, 2020
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
1 13.08.2020
item No.1 AD & Saswata Through Video Conference W.P. 8573 (W) of 2018 with W.P. 7252 (W) of 2018 with W.P. 4510 (W) of 1997 The Court on its own motion:
In Re: Overcrowding in Prison with CAN 3147 of 2020 in W.P. 5440 (W) of 2020 Aparajita Bose
-vs-
State of West Bengal & Ors.
Mr. Indrajeet Dey ... for the petitioner in W.P. 5440 (W) of 2020 Mr. Tapas Bhanja ... Ld. Amicus Curiae Mr. Kishore Dutta, Ld. AG Mr. D. Ghosh Mr. R. Saha ... for the State Mr. Kallol Mondal ... for SLSA Mr. Saikat Banerjee ... for High Court Administration Mr. Raghunath Chakraborty ... for APDR Intervenor 2 We have heard the points, raised by the intervenor as well as the Ld. Amicus Curiae pertaining to the issue of overcrowding and the alarming situation as regards the infection caused and increased to the inmates of the Correctional Homes of the entire State as well as the people in charge of rendering surveillance to the Correctional Homes. We are apprised of situation that in the Correctional Homes, the infection of COVID-19 is getting increased day by day and sometimes the officers attached with the Correctional Homes are also being infected.
To address the concern of the situation raised by the ld. Amicus Curiae as well as the intervenor, Ld. Advocate General submits that off late a meagre number of people, housed in the Correctional Homes, have been infected in Correctional Homes, and they have already been put in isolation, even suspected inmates also, and the persons suffering from COVID-19, have been sent to hospital for securing adequate medical attention. Ld. Advocate General, however, wants to furnish a latest update on the issue revealing the status of the number of persons being infected with COVID-19 as regards the inmates housed in the Correctional Homes together with 3 the official personnel attached with such Correctional Homes of the State. The report in our perception, would surely address to the concern focused by the intervenor as well the Amicus Curiae.
We, therefore, direct the Ld. Advocate General to furnish a report stating the number of inmates being infected with COVID-19 and housed in the Correctional Homes and the actions already taken by the Correctional Authorities in the meantime by the next date fixed before this Court.
We would, further, request the Ld. Advocate General to apprise the Director General (Prison / Correctional Homes) to keep doing necessary exercise as regards the preventive measures to be undertaken so that the spread of COVID-19 may be checked to a considerable extent.
Since terminally ill persons, as focused by the intervenor, require special attention by the Correctional Home Authorities, we direct the ld. Advocate General to obtain a present status of the terminally ill persons and furnish it before this Court by the next date fixed.
We are given to understand from the e-mail submissions of intervenor that Correctional Services 4 Authorities have already published their action taken report till 4th June 2020 upon making due compliance of the orders passed by this Court regarding interim release of inmates, either on interim bail or parole or otherwise under Section 436A Cr.P.C., and updated information if loaded till latest date, would surely touch the point surfacing over the overcrowding of prison. In the present scenario, the Correctional Home Authorities be directed to publish their valuable updated information till July 31, 2020, if available in their official website so as to apprise the concern pertaining to congestion of Correctional Homes. Ld. Advocate General is requested to apprise the Director General of Correctional Homes / Prison for securing compliance of such direction.
As regards the release of terminally ill inmates of Correctional Homes of State, still housed in the Correctional Homes, we would request the ld. Advocate General to come before this Court with an action plan in accordance with law, so that the point raised regarding release of terminally ill persons may be effectively addressed to on the next date fixed.
Regarding the preventive action of Correctional Authority in respect of inmates, housed in the 5 Correctional Homes, and the official personnel attached with different Correctional Homes of the State, we propose that the State would be at liberty to keep doing a frequent / rapid test to the extent possible in order to make effective identification of COVID-19 patients.
Post the matter on 24.08.2020.
(Thottathil B. Radhakrishnan, CJ.) (Subhasis Dasgupta, J.)