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Judgment
Hearing learned counsel for the petitioner and learned counsel for the official respondents. We are not satisfied by the explanation attempted to be offered by the authorities of the Dum Dum Central Correctional Home, Kolkata. We, therefore, give the respondents an opportunity to file detailed affidavit in answer to the allegations and also explaining all aspects relating to the person, Prasanta Chakrabarty, for whose benefit this writ petition is instituted by his son.
On the basis of papers placed on record on behalf of the Dum Dum Central Correctional Home, we see that there is an endorsement made by the Controller of Dum Dum Central Correctional Home on 25.09.2019 to the effect that Prasanta Chakrabarty, son of late Amar Chakrabarty was transferred to Bengaluru Central Prison, Karnataka on 25.9.2019. Having an over all look at the detailed facts and circumstances emanating out of the material papers on record, we think it absolutely essential for us to hear the views of the authorities of the Bengaluru Central Prison, touching the matter including the whereabouts of Prasanta Chakrabarty who is shown to have been received by the Superintendent / Officer-in-charge of the Bengaluru Central Prison, 100 on 26.6.2019. We, therefore, direct the Superintendent / Officer-in-charge of the Bengaluru Central Prison, Bengaluru, Karnataka to place an affidavit on record explaining all matters touching the aforesaid aspect with particular reference to the availability of Prasanta Chakrabarty in that central jail or as to what was done regarding his custody even on the basis of judicial orders issued by different authorities in the State of Karnataka or elsewhere. To enable this process, we order impleadment of the Superintendent / Officer-in-charge, Bengaluru Central Prison as added respondent.
The petitioner is authorized to serve a copy of this order along with a copy of the writ petition and the documents produced by the Superintendent, Dum Dum Central Correctional Home on the said additional respondent and also have the copy of the order communicated directly from this Court by providing appropriate communication address of the said respondent to the Registry.
Post the matter on 18.02.2020.