Solve flooding issue in Ghatal sub-correctional home: HC

Kolkata: While asking the state to ensure bail applications of over 300 undertrial (UT) prisoners in correctional homes under Section 479 BNSS, the Calcutta High Court on Thursday also directed the state to take immediate steps to address the issue of inundation due to flood water inside Ghatal sub-correctional home and transfer inmates back once it is made habitable.

The Bench of Justice Joymalya Bagchi and Justice Gaurang Kanth was moved on Thursday wherein the petitioner, an advocate, submitted that in the wake of the flood-like situation in the state, the Ghatal sub-correctional home has become flooded and inmates were transferred to other correctional homes in Midnapore and Bishnupur.

The court directed the superintendent of the sub-correctional home and the district magistrate to take immediate steps to ensure that the issue of flooding in the Ghatal sub- correctional home is addressed and it be made functional.

Further, the court directed that once it is made habitable, the inmates be transferred back. The court asked the district magistrate to submit a report on the adjourned date.

Meanwhile, based on a report submitted by the Registrar Administration (L&OM) on the issue of release of undertrial prisoners in state’s correctional homes, the court observed that 240 inmates completed one third period of max imprisonment and 64 inmates completed half of maximum imprisonment as first-time offenders.

“They are entitled to prefer bail applications before the jurisdictional courts as per Section 479 BNSS,” the court observed. The court directed that the report be forwarded to West Bengal State Legal Services Authority (SLSA) and the member secretary of the SLSA who shall coordinate with District Legal Services Authority and the correctional homes concerned to ensure bail application under Section 479 BNSS with regard to the said inmates be filed before the jurisdictional courts.

The court further directed that in the event they are filed, the jurisdictional courts should consider them in the light of the direction of a Supreme Court’s August 23, 2024 order.

The apex court had ruled on August 23 that relaxed bail provisions for first-time offenders under the new criminal law Bharatiya Nagarik Suraksha Sanhita (BNSS) will have a “retrospective effect”.

This meant that even if the offence predates the BNSS, which came into force on July 1 this year, first-time offenders detained in pending criminal cases can take advantage of BNSS provisions and be released on bail.