Direct Yamraj to send convicts to earth to serve prison terms, kin tell Calcutta HC

Relatives of two convicts, whose prison terms in a murder case were upheld by the Calcutta High Court years after their demise, have prayed that it direct God of Death, Yamraj, to send them back to earth to serve their sentences.

They also urged the court that contempt proceedings be drawn against Yamraj if he does not comply with the order.

The applicants prayed to Chief Justice T B N Radhakrishnan to recall a June 2016 order of the high court that had upheld a five-year prison sentence awarded to Samar and Pradip Chowdhury by Alipore sessions court in connection with the killing of a person in 1984.

While Pradip passed away in 1993, Samar died in 2010.

In case of dismissal of the application, the petitioners -- Samar's son, Ashok Chowdhury, and Pradip's widow, Renu -- urged the court to "communicate its order dated 16.6.2016" to Yamraj.

The court may direct Yamraj to immediately bring the convicts "back to earth so that they can surrender before the trial court forthwith, and serve the sentence imposed on them in accordance with law", the petition said.

The petitioners, who claimed to be daily wage labourers, also prayed for condonation of delay in informing the high court about the deaths of Samar and Pradip, claiming that they could not arrange for lawyers to represent the cases earlier.

The plea added that in the event of Yamraj failing to comply with the court order, the petitioners may be given leave to move an application for initiating civil contempt proceeding against the God of Death.

As per the fact sheet in the application, Samar and Pradip were involved in a clash near their residence in Garulia village under Nawpara police station in the then undivided 24 Parganas district in August 1984.

A person was killed in the clash.

The two were convicted by Alipore sessions court in February 1987 for culpable homicide not amounting to murder. They were sentenced to five years' rigorous imprisonment and fined of Rs 1,000 each.

The sessions court order was challenged by the convicts before the high court.