STATE OF WEST BENGAL Vs. SK ISHA ALI

JUDGEMENT

(1.) This is an application for stay of operation of the order passed by the learned trial Judge on November 12, 1993 by which the learned trial Judge passed an interim order staying the impugned orders of transfer of the writ petitioners/respondents from the Presidency Jail to other Jail. The learned trial Judge also passed an order directing the Inspector General of Prisons, West Bengal and the Superintendent, Presidency Jail, Alipore being the appellant/petitioner Nos. 2 and 3 in the above appeal (respondents in the writ petition) to transfer two undertrial accused persons, namely, Pannalal Jaysoara and Md. Gulzar from Presidency Jail to Dum Dum Central Jail. The said interim order passed pending disposal of the writ application.

(2.) The cases were argued by the learned Counsels for both the Parties at length. In order to appreciate the case made by the learned Counsel for both the parties it is necessary to set out some of the facts.

(3.) The two accused persons, namely, Pannalal Jaysoara and Md. Gulzar, were tried before the TADA Court and they were under-trial prisoners. It appears that the said case was started in the context of Bowbazar Bomb Blast case which is stated to be one of the worst type of Bomb Blast in the City of Calcutta taking away several lives and blowing off several houses which occurred sometime past. The said two accused persons it appears made confessional statements recorded under section 164 of the Code of Criminal Procedure on April 7, 1993 and May 19, 1993 respectively. There are other accused persons in that case. It is not necessary to go into the details of this case.