[Article 226] Calcutta High Court Intervenes To Provide Undertrial Prisoner's Vakalatnama To Counsel For Seeking Parole For Mother's Shradh

The Calcutta High Court on Monday directed the State to immediately hand over Vakalatnama duly executed by an under trial prisoner to his relatives and/or advocates of an undertrial prisoner.

The application was filed by the brother-in-law of the undertrial prisoner under Article 226 of the Constitution of India praying for a direction upon the respondents authorities so that earlier order of the High Court is complied with and to show cause as to why the Vakalatnama dropped in the drop box of the respondents has not been provided to the lawyer of the undertrial or his family.

The facts of the case reveal that the mother of the undertrial died and prisoner had made an application before the Sessions Court for temporary parole to perform last rites and ‘Shradh’ ceremony which is to take place on March 9, 2023.

The High Court vide order dated March 2. 2023 directed the Sessions Court to consider the undertrials’s application for parole within a week.

However, the Superintendent of the Presidency Correctional Home granted time for a period of six hours on March 2, 2023 for cremation.

The petitioner contended that the Sessions Court has not complied with the directions of the High Court to consider the parole application. Although the matter was heard by the Sessions Court on a particular date, no order has been communicated to the undertrial.

Hence, the present writ petition was filed.

While allowing the petition, Justice Jay Sengupta observed:

“The main prayer of the petitioner is quite innocuous and therefore, the same is allowed that is to say, the respondent authorities shall immediately hand over a Vakalatnama duly executed by the under trial prisoner to the relatives and or advocates of the petitioner.”

The court further directed the Sessions Court to comply with the order passed by the High Court on March 2, 2023 and communicate the order to the under trial prisoner with regard to his prayer for temporary parole before the ‘Shradh’ ceremony of his mother on 09.03.2023

Case Title: Jagabandhu Mondal v. State of West Bengal & Ors.

Citation: 2023 LiveLaw (Cal) 60

Coram: Justice Jay Sengupta

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