Sikkim High Court
WP(PIL)/7/2020 of Sikkim Drug Users Forum Vs State of Sikkim and Ors. on 15 October 2020
OF SIKKIM Record of Proceedings through Video Conferencing Page-1 of 3 W.P. (PIL) No.07 of 2020 SIKKIM DRUG USERS FORUM …PETITIONER VERSUS STATE OF SIKKIM AND ORS. …RESPONDENTS Date: 15.10.2020 CORAM: HON’BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE HON’BLE MR.
W.P. (PIL) No.07 of 2020
SIKKIM DRUG USERS FORUM
…PETITIONER
STATE OF SIKKIM AND ORS.
VERSUS
…RESPONDENTS
Date: 15.10.2020
CORAM:
HON’BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
…
(ARUP KUMAR GOSWAMI, CJ)
Heard Ms. Mingma L. Sherpa, learned Counsel. Also heard Mr. Vivek Kohli, learned Advocate General, Sikkim for respondent nos.1
and 2.
By this Public Interest Litigation (PIL), the petitioner makes the following prayer:
“I
That this Honorable Court be pleased to issue a writ of mandamus or any other order with direction in the nature of mandamus directing the State of Sikkim to forthwith determine its inmate holding capacity for each prison based on social distancing norms, hygiene, health, safety and human dignity as prescribed by the World Health Organization/ Central Government. mandamus or any other order with direction in the nature of mandamus directing the State of Sikkim to forthwith determine its inmate holding capacity for each prison based on social distancing norms, hygiene, health, safety and human dignity as prescribed by the World Health Organization/ Central Government.
II That this Honorable Court be pleased to issue a writ of mandamus or any other order with direction in the nature of mandamus directing the State of Sikkim to take rational steps to ARUP KUMAR decongest its prisons so as to arrive at the inmate holding GOSWAMIDigitally signed capacity for each prison determined as above by enlarging by ARUP KUMAR GOSWAMI Date: 2020.10.15 15:40:02 +05'30'inmates on the necessary undertakings.
III
HIGH COURT OF SIKKIM Record of Proceedings through Video Conferencing That this Honorable Court be pleased to issue a writ of mandamus or any other order with direction in the nature of mandamus directing the State of Sikkim in furtherance of achieving an optimum inmate capacity due to the present pandemic release the following prisoners on a priority;
i.Non-violent offender
ii.Sick or infirm UTPs/Convicts including those with HIV, TB, and other serious illnesses or co-morbidities such as diabetes, cancer, heart disease, blood pressure, etc. with HIV, TB, and other serious illnesses or co-morbidities such as diabetes, cancer, heart disease, blood pressure, etc.
iii.Women offenders;
iv.Women with children, pregnant women,
lactating mothers;
v.Prisoners with disabilities;
vi.Aged prisoners over 60 years;
vii.In addition, the following categories of convicts may also be considered for release; may also be considered for release;
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. Convicts who have completed their sentence however due to non-payment of fine are still in prison. sentence however due to non-payment of fine are still in prison.
2. Convicts who are in semi open or open prisons and may soon be released. open prisons and may soon be released.
3. Convicts who are eligible for premature release;
IV For any other order or direction which this Honorable Court may ARUP KUMAR GOSWAMIdeem fit to secure the ends of justice in the facts and Digitally signed by ARUP KUMAR GOSWAMI Date: 2020.10.15 circumstances of this case.” 15:40:17 +05'30'
pm/
HIGH COURT OF SIKKIM
Record of Proceedings through Video Conferencing At the very outset, Mr. Kohli submits that the Hon’ble Supreme Court has taken cognizance of the issues sought to be raised in this petition in Suo-Motu W.P. (C) No.01/2020. Mr. Kohli has also submitted that the aforesaid writ petition is pending before the Hon’ble Supreme Court and notice was also issued to the State of Sikkim. It is also submitted by him in terms of the order of the Hon’ble Supreme Court dated 23.03.2020, a high-powered committee was constituted by the State of Sikkim on 30.03.2020. Accordingly, he submits that since the Hon’ble Supreme Court is in sessin of the matter, it may not be appropriate for this Court to entertain the PIL.
Ms. Sherpa very fairly submits that in the aforesaid writ petition the Hon’ble Supreme Court is considering various facets relating to inmates in jail in the wake of Covid-19 Pandemic.
In view of the above, we do not consider it appropriate to entertain this PIL and, accordingly, the same is closed and disposed of.
BHASKAR Digitally signed Digitally signed by by BHASKAR RAJ ARUP KUMAR ARUP KUMAR RAJ PRADHAN GOSWAMI Date: 2020.10.15 GOSWAMIDate: 2020.10.15 PRADHAN17:41:49 +05'30'15:40:31 +05'30'Judge Chief Justice