The Calcutta High Court in the case Jagabandhu Mondal v. State of West Bengal & Ors observed and has directed the State to immediately hand over Vakalatnama duly executed by an under-trial prisoner to his relatives and or the advocates of an undertrial prisoner.
In the present case, the application was being filed by the brother-in-law of the undertrial prisoner under Article 226 of the Constitution of India, wherein it is prayed before the court for issuing directions upon the respondents’ authorities so that earlier the order passed by the High Court is complied with and to show cause as to why the Vakalatnama dropped in the drop box of the respondents, it has not been provided to the lawyer of the undertrial and also to his family
Facts of the Case:
An application has been made by the mother of the undertrial who died and an application is made by the prisoner before the Sessions Court for temporary parole for performing last rites and ‘Shradh’ ceremony which is to take place on 09.03.2023.
Therefore, it has been directed by the High Court vide order dated 02.03.2023, wherein it has been directed the Session court for considering the undertrials’ Sessions Court has not complied with the directions of the High Court for considering the parole application.
Further, in the said case the time has been granted by the Superintendent of the Presidency Correctional Home for a period of six hours on 02.03.2023 which being for cremation.
It has been contended by the petitioner in the plea that the Sessions Court has not complied with the directions of the High Court for considering the parole application. Therefore, the said matter was being heard by the Session Court on a particular date, no order has been communicated to the undertrial.
Before the court, the present writ plea was filed.
The bench headed by Justice Jay Sengupta while allowing the plea observed that the main prayer of the petitioner is quite innocuous and therefore, the court allowed the same that is to say, the respondent authorities shall immediately hand over a Vakalatnama which being duly executed by the under trial prisoner to the relatives and or advocates of the petitioner.
Further, it has also been directed by the Session court to comply with the order passed by the High Court on 02.03.2023 and to communicate the order to the under trial prisoner with regard to his prayer before the ‘Shradh’ ceremony of his mother on 09.03.2023 for temporary parole.