INRE: ASSC. OF PEOPLE DEMOCRATIC RIGHTS Vs. STATE OF WEST BENGAL
LAWS(CAL)-1996-2-31
HIGH COURT OF CALCUTTA
Decided on February 23,1996

Inre: Assc. Of People Democratic Rights Appellant
VERSUS
STATE OF WEST BENGAL Respondents




JUDGEMENT

ALTAMAS KABIR,J. - (1.)THIS writ application, which is in the nature of a public interest litigation, raises questions relating to solitary confinement of persons convicted of murder and under sentence of death.
(2.)THE immediate cause of action for this writ application is the case of two teenagers, Sajal Barui and Ranjit Mondal, who have been kept in solitary confinement after they were sentenced to death by the Additional District and Sessions Judge, Barasat, North 24-Parganas.
Appearing in support of the writ petition, Mr. Arunava Ghosh, learned Advocate, submitted that while sentencing the said two persons to death, the Additional District and Sessions Judge, Barasat, had not also sentenced them to be kept in solitary confinement and their incarceration in solitary confinement after they were sentenced to death, was, therefore, illegal and arbitrary.

(3.)MR . Ghosh urged that the sentence of death handed out to Sajal Barui and Ranjit Mondal was subject to confirmation of the High Court under Section 366 of the Code of Criminal Procedure, 1973. Mr. Ghosh urged that till such time as their sentence was not confirmed by the High Court and such confirmation was not made final by the Supreme Court, it could not be said that the convicted persons were under sentence of death.
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