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Commonwealth Human Right Initiative (CHRI) vs. The State of West Bengal & Ors (W.P. 56 of 2013)

Date : 22/01/2013

HRLN in collaboration with CHRI had been working on the rights of the prisoners in the State and in the course of the work a severe lacunae was exposed. It was noticed that in a number of districts, the accused persons were not physically produced before the Magistrate concerned, especially at the time of passing remand orders. The productions happening were mere paper production which means the accused were kept in a lock up somewhere outside the Court. It was also found out to be one of the primary reasons why the accused persons were denied of legal aid from the very first day of production.

In order to bring the situation to the notice of the High Court, a fact finding was done whereby, about 100 inmates of the DumDum Central Correctional Home were interviewed by members of CHRI and relying upon the documentation a PIL was filed before the High Court.

Prayers were made to ensure physical production, implementation of the D.K.Basu guidelines and availability of a panel of lawyers from the State Legal Aid Board at the time of remand. The Court in its final order has directed the Magistrates to carry out the obligations while passing remand orders and has further directed the authorities to ensure availability of panel lawyers from Legal Aid Board.

For further details, please contact:

Advocate Debashis Banerjee
Human Rights Law Network, Kolkata
Sohini Apartment, Flat 1A
3, Parbati Chakraborty Lane
(Near Kalighat Fire Station)
Kolkata – 700026
Ph: (033) 24546828 / 32967154


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