J C DONZE Vs. SUPERINTENDENT ALIPORE CENTRAL JAIL

JUDGEMENT

(1.) This rule was issued on an application submitted from the jail, calling upon the respondent to show cause as to why an appropriate order or writ in the nature of Mandamus should not be issued, commanding them to perform their statutory duties as enjoined under the law, in accordance with the provisions of Rule 768A of the West Bengal Jail Code published under the authority of section 59 clause (5) of the Prisons Act, 1894 (Act IX of 1894).

(2.) The facts leading on to the rule can be put in a short compass. An application was submitted by John Claude Donze, at present serving out his sentence in the Alipore Central Jail in Divison I, as convicted prisoner No.3697-A. The application was forwarded to this court by the Superintendent, Alipore Central Jail and was thereafter assigned to this court by the Chief Justice for disposal. Upon reading the petition and on hearing the petitioner, who appeared in person, this Rule was issued on the 22nd March, 1971, and made returnable on the 5th April, 1971. By an order passed on the same date the State of West Bengal through the Secretary, Home Department, Writers' Buildings, Calcutta, the District Magistrate, 24-Parganas, and the Inspector General of Prisons, Government of West Bengal were added as parties respondents. An affidavit-in-opposition was filed by the respondent No.3, the Inspector General of Prisons, Government of West Bengal along with annexure A, which is a letter by the Inspector General of Prisons. Mahashtra, Poona, to the respondent No.3, stating inter alia that the prisoner shall earn remission as per the scale existing in the State of Maharashtra.

(3.) Mr. Deba Prosad Choudhury, Advocate (wth Mr. Sourendra Prosad Talukdar, Advocate) appearing on behalf of respondents Nos. 1 to 3 prayed that for a proper determination of the matter, the Inspector General of Prisons, Maharashtra, may be made a party respondent to the present Rule and by an order dated the 2nd July, 1971 this Court directed him to be made a party as respondent No.4. A copy of the Rule was also directed to be served on him. After the service was made, Mr. Sachindra Chandra Das Gupta, Senior Government Pleader, State of West Bengal, appeared and submitted that he had received an intimation that necessary instructions would be sent to him for appearing in the matter. After several adjournments the matter came up for hearing on the 18th November, 1971 when Mr. Das Gupta submitted that he would make no submissions as he had ultimately received no instructions from the State of Maharashtra to appear in the matter. This Court accordingly released him from his obligations.