SANJIT SAHA & ANR. versus THE STATE OF WEST BENGAL

SANJIT SAHA & ANR. versus THE STATE OF WEST BENGAL

A convict must surrender within the time granted unless an exemption is allowed by the Judge In-Chambers; where convicts did surrender within time but the Court did not receive communication of surrender, jail authorities have a positive obligation (as facet of Article 21/access to justice) to communicate surrender and custody particulars to the Court; where communication lapses occur, the Court and Registry, assisted by trial judges and appointed amicus curiae, must take proactive steps (including calling reports and evolving digitised reporting) to prevent peremptory loss of remedy; applying these principles the SLP of petitioner No.1 was restored and the SLP of petitioner No.2 abated...

Parties
Petitioner: Sanjit Saha; Petitioner: Anil Saha; Respondent: The State of West Bengal
Jurisdiction
India
Judgment Date
09 October 2023
Procedural Posture
Special Leave Petition (criminal) D. No.46699 of 2018 / In Chambers Proceedings Concerning Restoration/recall and Directions (order Restoring SLP of Petitioner No.1 and Enquiring Into Petitioner No.2)
Outcome
Special Leave Petition restored insofar as petitioner No.1 (Sanjit Saha); Special Leave Petition insofar as petitioner No.2 (Anil Saha) has abated on account of his death.
Legal Topics
Surrender to Sentence, Exemption From Surrender, Peremptory Dismissal for Non Reporting, Duty of Jail Authorities to Inform Court, Appointment of Amicus Curiae, Reporting and Registry Procedures, Digital Custody Information Portal
Criminal Law Constitutional Law (article 21) Prison Administration Court Procedure Information Technology/digitisation Surrender to Sentence Exemption From Surrender Peremptory Dismissal for Non Reporting +4 more

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Parties

Sanjit Saha

Petitioner

Anil Saha

Petitioner

The State of West Bengal

Respondent

Procedural Posture

Special Leave Petition (criminal) D. No.46699 of 2018 / In Chambers Proceedings Concerning Restoration/recall and Directions (order Restoring SLP of Petitioner No.1 and Enquiring Into Petitioner No.2)

Legal Issues

  1. 1 Whether a convict must surrender before filing a Special Leave Petition unless exemption is granted
  2. 2 Consequences where convicts surrender within time but communication of surrender to the Supreme Court does not occur and SLP is peremptorily dismissed
  3. 3 Whether jail authorities have an obligation to communicate surrender and custody particulars to the Court as part of Article 21/access to justice

Ratio Decidendi

A convict must surrender within the time granted unless an exemption is allowed by the Judge In-Chambers; where convicts did surrender within time but the Court did not receive communication of surrender, jail authorities have a positive obligation (as facet of Article 21/access to justice) to communicate surrender and custody particulars to the Court; where communication lapses occur, the Court and Registry, assisted by trial judges and appointed amicus curiae, must take proactive steps (including calling reports and evolving digitised reporting) to prevent peremptory loss of remedy; applying these principles the SLP of petitioner No.1 was restored and the SLP of petitioner No.2 abated...

Court Disposition

Special Leave Petition restored insofar as petitioner No.1 (Sanjit Saha); Special Leave Petition insofar as petitioner No.2 (Anil Saha) has abated on account of his death.

Orders

  • Order dated 24.02.2020 recalled insofar as petitioner No.1 and SLP restored to record as far as petitioner No.1 is concerned
  • Registrar/Registry directed to cause an enquiry and obtain report from the Additional Sessions Judge (Fast Track Court, Raiganj) regarding surrender status of petitioner No.2 (which was complied with)