LeT Terrorist On Death Row To Argue Appeal In Person: Calcutta HC Orders To Shift Him To Presidency Jail, Extends Police Protection, Appoints Amicus

A Lashkar-e-Taiba (LeT) terrorist was produced before the Calcutta High Court on Tuesday from Tihar Correctional Home in New Delhi as he has expressed his desire to argue in person his appeal against the order of conviction and death sentence imposed upon him. 

A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi conducted a hearing on a vacation day considering the urgency of the matter. The convict, one Sk. Abdul Nayeem, was produced before the Bench under proper escort from the Tihar Correctional Home. He prayed before the Bench to supply him with copies of material exhibits in order to enable him to prepare his arguments in appeal.

In order to enable the convict to effectively argue his appeal, the Court ordered that he should be kept in Presidency Correctional Home in Kolkata during the hearing of the appeal. 

"In order to enable the said convict to effectively argue his appeal before this court, we consider it imperative that the said convict be kept in a correctional home in Kolkata during the hearing of the appeal. Director General, West Bengal Correctional Services and Director General of Police, West Bengal is directed to make appropriate arrangements so that the said convict may be handed over to the custody of the Superintendent, Presidency Correctional Home, Kolkata by the police personnel who have escorted the said convict from Delhi", the Court ordered. 

The Court further directed that the convict should remain in Presidency Correctional Home, Kolkata under high security during the hearing of the appeal and shall be produced before the Court in person with appropriate police escort and security measures to advance his arguments in person.

Furthermore, in order to enable the convict to acquaint himself with the procedures of the Court, the Court requested the Member Secretary, State Legal Services Authority to provide the services of a junior empanelled lawyer to interact with him for filing pleadings and advancing arguments in the matter.

The Court also appointed senior advocate Sekhar Kumar Basu as an Amicus Curiae to assist the Court in the matter and accordingly ordered, 

"As the said convict has been sentenced to death, we also feel in necessary that his arguments may be supplemented by the assistance of a senior advocate who would act as Amicus Curiae to this court. Mr. Sekhar Kumar Basu, learned senior advocate is requested to assist the court as Amicus Curiae in the death reference so far as it relates to the said convict."

The Court also ordered the concerned trial court to transmit all material exhibits to the Court forthwith. Accordingly, the Court adjourned the matter for further hearing on May 17 at 10:30 am. 

"Director General, West Bengal Correctional Services, Director General of Police, West Bengal and Superintendent, Presidency Correctional Home shall ensure production of the said convict under proper escort and security arrangements before this court on the adjourned day", the Court ordered further. 

In the event, attendance of the convict namely, Sk. Abdul Nayeem is necessary with regards to trial in any other criminal case in New Delhi or any part of the country, Correctional home authorities shall ensure his attendance through video linkage, it was recorded further. 

Case Title: In Re : State of West Bengal vs. Md. Younus @ Bilal & Ors

Case Citation: 2022 LiveLaw (Cal) 157

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