(a) whether the Government proposes to treat the naxalite prisoners
as political prisoners and grant them all kinds of facilities in the jails
at par with the political prisoners;
(b) if so, the details thereof;
(c) whether the judiciary has given such a judgment in this regard; and
(d) if so, the details thereof?
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI R.P.N.SINGH)
(a) to (d): A Single Judge Bench of the Kolkata High Court vide judgment
dated 8.8.2012 has granted the status of ‘political prisoners’ to seven
under-trial Maoist prisoners of West Bengal after considering three Revision
Petitions (CRR463 of 2012 with CRR 1312 of 2012 with CRR 4000 of 2011). The
judgment is based on an interpretation of the West Bengal Correctional Services
Act, 1992. Accordingly, the ambit of the judgment is confined to the State of
West Bengal only.
The Ministry of Home Affairs have advised the Government of West Bengal on
8.10.2012 to consider filing an appeal before a larger bench of the Hon’ble High
Court or an SLP in the Hon’ble Supreme Court challenging the aforesaid judgment
and also consider amending the provisions of the West Bengal Correctional Services
Act, 1992 to insert a proviso to the effect that the status of political prisoners
will not be available to any member of any organization proscribed under the Unlawful
Activities (Prevention) Act, 1967.