URGENT APPEAL: Seeking Information under Section 6 of the Right to Information Act.

Court Fee Stamp Rs. 10/- To 30 March 2009 The Public Information Officer High Court at Calcutta Kolkata Attn. The Registrar, Calcutta High Court Ref.:-Seeking Information under Section 6 of the Right to Information Act. Respectable Sir, We have gathered information that number prisoners including foreign nationals booked under the Foreigners Act have been perishing in different jails/ correctional homes in West Bengal for years. We came to know that many of them either had been acquitted by the concerned trial court or spent their period of conviction but still they are under detention. Those persons are under detention in custody illegally as Jan Khalas and there is no bona fide approach from any corner towards the release and/or repatriation of those persons till date. A detention becomes unlawful where there is no law to justify it but also where procedure prescribed by law which authorizes the detention has not been followed. The right to restoration of freedom when it has been interfered with otherwise than in due course of law, is secured by constitutional guarantee in Article 21 and the onus to show that a detention has been continuing in due course of law is upon the detaining authority. Where the rights of a prisoner either under the Constitution or under other laws are violated, the Hon’ble High Court, Calcutta has a continuing responsibility to ensure that the ‘Right to Life & Liberty’ is not defeated by the prison administration. There is persistent want of vigil in the lower judiciary and prison administration that whether inside the prison or outside, a person shall not be deprived of his guaranteed freedom and rights enshrined by the Constitution of India. Below we have attached a list of prisoners languishing at Alipore Central Correctional Home, Kolkata for example where the period they had undergone in jail already exceeded the maximum imprisonment they might be awarded under law and some of the prisoners named in the list remained in jail for no fault of their as they had been acquitted by the trial court. The justice demands that they must be set at liberty forthwith freeing from casual indifference, insensibility and the routine red tape of the bureaucratic machine. Since the right to life of the victims as enshrined in Article 21 of our Constitution has been grossly violated, we seek information in this matter on the following heads within 48 hours as follows:- The number of persons with full particulars who are in detention in the different correctional homes in West Bengal groundlessly detained after expiration of conviction period.

The number of persons with full particulars who are in detention in the different correctional homes in West Bengal who have been facing detention though acquitted by the trial court.

The actions taken report against those responsible persons, paid from public exchequer for violating the right to life and liberty of the persons by illegally detaining them without authorization of law in the correctional homes in West Bengal.

What actions taken towards restoration of freedom of the prisoners who under detention in different jails/correctional homes without any authorization of law safeguarding their constitutional right and liberty as embodied in Article 21 of the Constitution. We are hopeful that you will be able to furnish the information as sought for within the stipulated period as enumerated in the Right to Information Act. The prescribed court fee of Rs.10/- is duly attached. Thanking you, Yours sincerely, Kirity Roy Secretary of MASUM Sl No. Regd No. In jail Name Date of admission in jail Sentence of court Nationality Nature of punishment Date of completion of sentence Case Reference

1 7688/A Shyam Chaina, son of Auloko Chaina 21.07.99 02.06.1999 Mayanmar SI 20.02.2000 Kaliagunj-7/99

2 3175/05 Sultan Ahamed son of Abu Syed ahamed 21.03.03 16.10.07 Bangladesh SI 30.10.2007 Baruipur-40/03

3 6270/A Elvic, son of Ungochukwa 09.03.07 09.05.2008 Nigerian SI 23.07.2008 KGP (T) PS 49/07

4 113F/A Mainuddin Hossain s/o Mujemmel Haque 01.10.07 26.08.08 Bangladesh Acquitted 26.08.08 Raidighi PS 98/07

5 114F/A Md Mosaraf Hossain s/o Md Sahalam Hossain 01.10.07 26.08.08 Bangladesh Acquitted 26.08.08 Raidighi PS 98/07

6 115F/A Md Nazimudin Howlader s/o Late Md Idrish Howlader 01.10.07 26.08.08 Bangladesh Acquitted 26.08.08 Raidighi PS 98/07

7 116F/A Abdul Kasem Moral, s/o Late Md. Siamuddin Moral 26.04.08 28.08.08 Bangladesh SI 06.09.08 Gosaba PS-39/08

8 117F/A Md Eusuf Molla, s/o late Enayet Molla 26.04.08 28.08.08 Bangladesh SI 06.09.08 Gosaba PS-39/08

9 66F/08 Alam Gazi s/o Md. SafulLa Gazi 30.07.08 11.06.08 Bangladesh SI 14.11.08 Gosaba PS-61/08

10 67F/08 Abdulla Molla s/o Nazir Molla 30.07.08 11.06.08 Bangladesh SI 14.11.08 Gosaba PS-39/08

11 68 F/08 Abdul Jalil Moral s/o Jukber Moral 30.07.08 11.06.08 Bangladesh SI 14.11.08 Gosaba PS-39/08

12 6/89/07 Alauddin Majhi s/o Unesh Majhi 03.01.07 10.02.09 Bangladesh Acquitted 10.02.09 Raidighi PS 95/07

13 69/F/08 Jamal Ali Moral s/o Suresh Ali Moral 03.07.08 11.06.08 Bangladesh SI 14.11.08 Gosaba PS-61/08

14 70/F/08 Rajab Ali Molla s/o Mathar Ali Molla 03.07.08 11.06.08 Bangladesh SI 14.11.08 Gosaba PS-61/08

15 147/F/A/08 Moshiar Sikdar s/o Majilar Sikdar 18.06.08 20.12.08 Bangladesh SI 25.12.08 Gosaba PS-57/08

16 148/FA/08 Alamin Khan s/o Khurshed Khan 18.06.08 20.12.08 Bangladesh SI 25.12.08 Gosaba PS-57/08

17 149/FA/08 Palash Khan s/o Md Khurshid Khan 18.06.08 20.12.08 Bangladesh SI 25.12.08 Gosaba PS-57/08

18 146FA/08 Md. Sajahan Howlader s/o Late Khurid Alam 27.09.07 01.12.08 Bangladesh SI 09.01.09 Gosabas PS-50/07

19 151F/A/08 Sk. Beliyat Rahaman s/o Lutfar Rahaman 18.06.07 20.12.08 Bangladesh Si 25.12.08 Gosaba PS-57/08

20 154FA/08 Motiar Rahaman Gazi s/o Late Sahar Ali Gazi 16.07.07 23.12.08 Bangladesh SI 01.01.09 Gosaba PS-36/07

21 155/FA/08 Jaman Molla, s/o Late Abdul Jalil Molla @ Mia 16.07.07 23.12.08 Bangladesh SI 01.01.09 Gosaba PS-36/07

22 111/A/F Miraj Molla, s/o Sri Kanchhu Molla 14.02.08 28.07.08 Bangladesh SI 27/01/09 Behala PS-52/08