Ratna Rani Das vs State Of Tripura And Ors

Heard Mr. S. Bhattacharjee, learned counsel appearing for the petitioner as well as Mr. M. Debbarma, learned Addl. G.A. appearing for the respondents.

By means of this petition, the petitioner who is the wife of the convict has approached this court for grant of parole in favour of the convict at least for 30 days from the date of his release on such parole.

Mr. Bhattacharjee, learned counsel appearing for the petitioner has submitted that the petitioner had earlier approached this court by filing a writ petition being W.P.(C) No.593 of 2018 which was disposed of by the order dated 18.06.2018 giving respite from returning to the Kendriya Sansodhanagar within the stipulated date. That apart, by the order dated 03.08.2018 delivered in I.A. No.01 of 2018 arising from CRL.A.(J) No.35 of 2016, the convict, namely, Babul Das, was given an interim bail to facilitate his treatment as at that point of time he was having aggravated diabetes mellitus, hypertension and end-stage chronic liver disease with refractory ascites.

On 24.03.2020, the convict who is suffering imprisonment in connection with the case being Sessions Trial 17 (ST/A) of 1986 for committing offence punishable under Section 302 read with Section 149 of the IPC, represented by his wife, has indisputably filed a representation. The Superintendent, Kendriya Sansodhanagar has processed that representation on 24.06.2020 which is now pending before the Inspector General of Prisons, Government of Tripura, Prisons Directorate awaiting verification by the District Magistrate & Collector, Sepahijala District as regards whether the said convict fulfils the requirement of Rule 4, Chapter-III of Prisoners (Release on Parole) Rules, 1998. The process as it appears is in snail's progress.

Mr. Bhattacharjee, learned counsel has referred the medical advice of the Apollo Hospital, Chennai issued on 25.09.2018 [Annexure-2 to the writ petition] which provides that the convict has been suffering from diabetes mellitus, chronic liver and kidney problems with post debridement infected wounds over left leg and foot exposing tibialis anterior and extensor tendons of the foot and gangrene of the little toe. He underwent wound debridement on 19.05.2018 and skin grafting on 22.05.2018. His wounds have healed better except over small area in the dorsum of the foot and in the tibialis anterior tendon exposed area. The convict is on regular dressings for the same. The doctor advised him two years back to take rest for a period of one month.

This court is completely taken aback how the said medical report can help the convict who urged the reliefs by filing the present writ petition. Mr. Bhattacharjee, learned counsel has further submitted that since the convict is suffering incarceration no updated medical status could be procured by the petitioner, who is the wife of the convict.

Be that as it may, considering the averments made in the writ petition and having regard to the note of the Superintendent, Kendriya Sansodhanagar placed to the Inspector General of Prisons dated 01.07.2020 as produced by Mr. Debbarma, learned Addl. G.A., this court is satisfied that the petitioner has made out a case for immediate intervention by this court. Accordingly, the respondents are directed to take a decision on granting of parole to the convict, namely Babul Das within a period of 7[seven] days from today. It may be noted that the situation is highly pressing. Every day is important for the medical intervention.

Mr. Bhattacharjee, learned counsel has made a submission before this court that pre-morbid patient [the patient] is taken for the medical care with the known COVID-19 patients. This court would not make any observation. If this is done, the same is completely in violation of the protocol issued by the Government of India as well as the direction of the Supreme Court in Re- Contagion of COVID-19 Virus in Prisons [Suo Motu Writ Petition (Civil) No.01 of 2020]. The competent authority including the Superintendent, Kendriya Sansodhanagar shall take note of the concern as expressed by Mr. Bhattacharjee, learned counsel for the petitioner.

In terms of the above, this petition stands allowed to the extent as indicated above and disposed of.

A copy of this order be supplied to Mr. Debbarma, learned Addl. G.A. in the course of the day so that this order be complied in its true spirit.

The communications and the records as produced by Mr. Debbarma, learned Addl. G.A. are taken in the records.