Shyamal Chandra Paul Vs State of West Bengal — Calcutta HC (2025) — LawSathi Research

Shyamal Chandra Paul Vs State of West Bengal — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Immediate release of Hiralal Chandra Pal @ Shyamal Chandra Pal from Berhampore Correctional Home and handover of his custody to China Kundu Pal (claimed wife), the detainee continuing to undergo psychiatric treatment.

Issue for consideration

Whether the detainee convicted and ordered to be pushed back as Hiralal Chandra Pal, a Bangladeshi national, under Section 14A of the Foreigner's Act is in fact Shyamal Chandra Pal, an Indian national allegedly wrongly arraigned, warranting his release instead of push back.

Court's answer

On the report of the SP (DIB), Coochbehar dated 22.7.2024 and the report of the Officer-in-charge, Law Cell, Directorate of Correctional Services, West Bengal dated 21.2.2025, the Court directed that Hiralal Chandra Pal @ Shyamal Chandra Pal be released from Berhampore Correctional Home at once.

Ratio / Principle

Since the detainee is still undergoing treatment, after release his custody is to be handed over to China Kundu Pal, who claimed to be the wife of Shyamal Chandra Pal @ Hiralal Chandra Pal.

Detailed headnote1 paragraphs

Calcutta High Court, Circuit Bench at Jalpaiguri (CRR 205 of 2022, order dated 6.3.2025, Dr. Ajoy Kumar Mukherjee, J.): A detainee convicted under Section 14A of the Foreigner's Act (SC no. 126/19, ST no. 07(01)/2020) and directed to be pushed back after completing a two-year simple imprisonment term on 4.1.2022 remained confined because he was a serious patient of Schizophrenia under treatment at Berhampore Mental Hospital. On the reports of the SP (DIB), Coochbehar (22.7.2024, Annexure-A/4) and the Officer-in-charge, Law Cell, Directorate of Correctional Services (21.2.2025), together with a missing diary of 14.11.2019 at Mathabhanga Police Station and a Panchayat identity certificate, the materials indicated that the detainee had been allegedly wrongly arraigned as 'Hiralal Chandra Pal', a Bangladeshi national, when he was in fact Shyamal Chandra Pal, an Indian national reported missing. The Court directed his release from Berhampore Correctional Home at once and, as he continues to undergo treatment, that his custody be handed over to China Kundu Pal, who claimed to be his wife. CRR 205 of 2022 was disposed of accordingly.

39 6.3.2025 sb

CALCUTTA HIGH COURT In the Circuit Bench at Jalpaiguri Appellate Jurisdiction

CRR 205 of 2022

Shyamal Chandra Paul The State of West Bengal

Vs.

Mr. Sourav Ganguly …for the Amicus Curiae

Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Aniruddha Biswas …for the State

It is submitted that Hiralal Chandra Paul who is now detained at Berhampore Central Correctional Home was convicted by learned Additional Sessions Judge, Mekhliganj, Coochbehar in connection with SC no. 126/19, ST no. 07(01)/2020 for committing offence punishable under Section 14A of Foreigner’s Act and sentenced to suffer simple imprisonment for two years and to pay fine. The learned Trial Court also directed the said authorities to push back the said inmate after completion of his sentence.

It is further submitted that the aforesaid inmate was admitted to Mekhliganj Sub Correctional Home as an Under-trial inmate on 5.11.2019 and subsequently completed his term of imprisonment on 4.1.2022. However, he could not be pushed back because he was found to be a serious patient of Schizophrenia and was under continuous medical treatment of medical board of Berhampore

2

Mental Hospital. He is still undergoing treatment under the supervision of Berhampore Mental Hospital.

However, in the meantime, the wife of the aforesaid inmate submitted a prayer before the authorities of Berhampore Central Correctional Home that her husband is an Indian national and requested the authorities not to push back the said inmate. She further submitted that Hiralal Chandra Pal and Shyamal Chandra Pal are same and identical person and also submitted photo identity proof. Thereafter, a verification was made and during inquiry, it was also learnt that inmate, Shyamal Chandra Pal was missing on 14.11.2019 and a diary was lodged before the Mathabhanga Police Station. However, he was earlier apprehended by the police authorities as Bangladeshi National and the case was registered against the inmate allegedly wrongly arraigned as Hiralal Chandra Pal under Section 14A of the Foreigner’s Act.

It transpires from the report of Superintendent of Police (DIB), Coochbehar dated 22^nd July, 2024 marked as Annexure-A/4 along with the report which discloses that during inquiry, it was learnt that said Shyamal Chandra Pal was missing from Pakhihaga, P.S. Mathabhanga, Dist. Coochbehar. In this regard, his wife Chaina Kundu Pal submitted a missing diary to the Inspector-in-charge, Mathabhanga Police Station. Subsequently, she learnt that said Shyamal Chandra Pal allegedly wrongly arraigned as Hiralal Chandra Pal was shifted to Berhampore Mental Hospital when she went to Berhampore Mental Hospital and identified the apprehended person, Hiralal Pal as her

3

husband, Shyamal Chandra Pal and to that extent, she was also collected a certificate from Panchayat Member, Dinhata Village-II, Coochbehar that Hiralal Chandra Pal, s/o Thakka Pal and Shyamal Chandra Pal, s/o of Late Khagendra Nath Pal is the same person.

In such view of the matter and after considering the report submitted by the Officer-in-charge of Law Cell, Directorate of Correctional Services, West Bengal dated 21.2.2025 along with annexures, it is directed that the said Hiralal Chandra Pal @ Shyamal Chandra Pal be released from Berhampore Correctional Home at once and since, it is submitted that he is still undergoing treatment so after release his custody may be handed over to China Kundu Pal, who claimed to be the wife of said Shyamal Chandra Pal @ Hiralal Chandra Pal.

CRR 205 of 2022 is accordingly disposed of.

Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)

Procedural history

How this case reached the court

AI extract

Order under challenge
Conviction of the detainee (arraigned as Hiralal Chandra Pal) in SC no. 126/19, ST no. 07(01)/2020 under Section 14A of the Foreigner's Act; sentenced to suffer simple imprisonment for two years and to pay fine, with a further Trial Court direction to push him back after completion of sentence.¶8
Learned Additional Sessions Judge, Mekhliganj, Coochbehar
Prior proceeding
Detainee admitted to Mekhliganj Sub Correctional Home as an under-trial inmate on 5.11.2019 and completed his term of imprisonment on 4.1.2022; he could not be pushed back because he was found to be a serious patient of Schizophrenia under continuous treatment (medical board / Berhampore Mental Hospital), where he remains under treatment.¶9
Prior proceeding
The Trial Court had also directed the correctional authorities to push back the inmate after completion of his sentence.¶8
Prior proceeding
The detainee's wife submitted a prayer before the Berhampore Central Correctional Home authorities claiming that her husband is an Indian national and that Hiralal Chandra Pal and Shyamal Chandra Pal are the same and identical person, supported by photo identity proof; a verification inquiry followed.¶12
Prior proceeding
During inquiry it was learnt that inmate Shyamal Chandra Pal was missing on 14.11.2019 and a diary was lodged before Mathabhanga Police Station; he had earlier been apprehended as a Bangladeshi national and a case was registered against him, allegedly wrongly arraigned as Hiralal Chandra Pal, under Section 14A of the Foreigner's Act.¶12
Prior proceeding
Report of the Superintendent of Police (DIB), Coochbehar dated 22nd July 2024 (Annexure-A/4): Shyamal Chandra Pal was missing from Pakhihaga, P.S. Mathabhanga, Dist. Coochbehar; his wife Chaina Kundu Pal submitted a missing diary to the Inspector-in-charge, Mathabhanga Police Station, and later identified the apprehended person at Berhampore Mental Hospital as her husband.¶13
Prior proceeding
Certificate collected from the Panchayat Member, Dinhata Village-II, Coochbehar stating that Hiralal Chandra Pal, s/o Thakka Pal and Shyamal Chandra Pal, s/o Late Khagendra Nath Pal are the same person.¶15
Prior proceeding
Report of the Officer-in-charge of Law Cell, Directorate of Correctional Services, West Bengal dated 21.2.2025, along with annexures, was considered by the Court before passing the direction.¶16