- (1.) The petitioner a life convict has filed this contempt petition against the respondents the State of West Bengal and its officers for disobeying the order dated 24.11.2010 passed by this Court by not complying with the same within the prescribed period of eight weeks and failure to release him in accordance with the statute.
(2.) Brief facts: (a) Prior to the above contempt petition, the petitioner filed a writ of Habeas Corpus being W.P. (Crl.) No. 279 of 2004 - for his immediate release in which it was stated that as per his calculation, he has undergone total sentence of imprisonment for a period of 22 years 2 months and 16 days including earned remission. According to him, even as per the stand taken by the respondents in their counter affidavits, he had undergone sentence for a period of 20 years 1 month and 17 days including remission and set off as on 31.12.2004. In other words, according to the petitioner, he has already undergone full sentence of 20 years with remission. (b) By order dated 24.11.2010, this Court disposed of W.P. (Crl.) Nos. 20 and 279 of 2004 with the following directions: "In the light of the decision of this Court in State of Haryana & Ors. vs. Jagdish, 2010 4 SCC 216and considering the relief prayed in both the writ petitions, we dispose of the writ petitions by the following directions: The State of West Bengal is directed to consider the claim of both the writ petitioners, life convicts and proceed to conclude the sentence for the purpose of consideration of remission as per the Statute/Policy applicable on the date of conviction and pass appropriate orders in terms of the above decision within a period of eight weeks from the date of the receipt of the copy of this order. The Writ Petitions are disposed of. Sd/- (P.Sathasivam,J.) Sd/- (Dr. B.S.ChauhanJ.)"
(3.) It is the claim of the petitioner that in spite of the said order of this Court dated 24.11.2010 and in view of the West Bengal Correctional Services Act, 1992 (West Bengal Act 32 of 1992) (hereinafter referred to as "the W.B.Act"), the respondents have not released him which necessitated him to file the above contempt petition.;