Calcutta High Court Directs Swift Decision on Premature Release Recommendation

State Authorities Ordered to Act on Sentence Review Board’s Recommendation Within Six Weeks

In a significant development, the Calcutta High Court has directed the State authorities of West Bengal to expedite the decision-making process regarding the premature release of a convict. The directive comes following a delay in action despite a favorable recommendation from the State Sentence Review Board.

The case, titled Bijoy Mukherjee v. State of West Bengal, was presided over by Justice Om Narayan Rai. The petitioners, including convict Bijoy Mukherjee, approached the court to address the delay by the State authorities in acting on the recommendation for premature release made by the Sentence Review Board.

The court was informed by Mr. Kanishk Sinha, counsel for the petitioner, that an earlier rejection of the petitioner’s application for premature release had been overturned by a coordinate bench of the same court. The bench had directed the Sentence Review Board to reconsider the application, following which, on April 4, 2024, the Board recommended Mukherjee’s release.

Despite this recommendation, there was a lack of timely response from the State authorities, prompting the petitioners to seek judicial intervention once more. The State’s counsel presented documentation indicating that the Board’s recommendation had been forwarded to the appropriate governmental authority for approval.

Justice Rai, after considering the submissions and reviewing the case material, ordered the respondent State authorities to make a decision regarding the Board’s recommendation as soon as possible, preferably within six weeks from the date the court’s order is communicated. The court made it clear that its directive should not be construed as an opinion on the merits of the Board's recommendation itself, leaving the final decision to the appropriate authority within the legal framework.

The case, registered under WPA 3112 of 2025, was thereby disposed of, with the assurance that urgent certified copies of the court order would be provided to the parties upon request.

Bottom Line:

Direction to the State authorities to take a decision on the recommendation of the State Sentence Review Board for premature release of a convict within a specified time frame. 

Statutory provision(s): Premature Release

Bijoy Mukherjee v. State of West Bengal, (Calcutta) : Law Finder Doc Id # 2786180