Petition challenging failure of State Sentence Review Board to act on prior order. Court noted Board held meeting and rejected premature release. Dismissed writ as scope limited; petitioner to challenge Board decision separately.
Writ petition dismissed; petitioner directed to challenge Board's decision separately if advised.
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24.03.2023 sayandeep Sl. No. 08 Ct. No. 05
WPA 3742 of 2023
Md. Yusuf -Versus-
State of West Bengal & Ors.
Mr. Krishna Das Poddar
….for the petitioner
Mr. Debashish Ghosh Ms. Amrita Panja Moulicjk
…..for the State
Mr. Saikat Banerjee Ms. Juin Dutta Chakraborty
….for the respondent No. 3
The complaint of the petitioner, who is the brother of the life convict, was that the State Sentence Review Board had failed to act in pursuance of the order passed by this Court on 29.11.2022.
Learned counsel appearing for the State produces the proceedings of a Special Meeting of the Board held on 17.02.2023. The proceedings indicate that the case of the petitioner’s brother, Md. Khalid, was considered for premature release but was rejected on the ground that the State Government was not inclined to do so.
Since the Board has given a decision as reflected from the proceedings of the Special Meeting held on 17.02.2023, the petitioner will have to challenge this decision if the petitioner is so advised. The scope of the present writ petition cannot be enlarged to include a challenge to the decision of the Board.
2
WPA 3742 of 2023 is disposed of in terms of the
above.
(Moushumi Bhattacharya, J.)
1 issue framed by the court
Whether the writ petition can extend to challenge the decision of the State Sentence Review Board regarding premature release.
Md. Yusuf
State of West Bengal
Respondent No. 3
Moushumi Bhattacharya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
