Section 26(1) in The West Bengal Correctional Services Act, 1992
(1)The power to classify a prisoner or a detenue as a Division I prisoner or political prisoner or a detenue as a political detenue initially shall lie with the Court to which such prisoner is produced or the authority which remands of detenue to a correctional home. Such prisoner or detenue shall also be entitled to apply for such classification. If such Court or authority refuses to make the classification, a petition shall lie in case of a prisoner other than detenue before the Sessions Judge to whom the Court of the first instance is subordinate. In the case of a detenue, such petition shall lie before the Sessions Judge of the district of his residence.
