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A Lashkar-e-Taiba (LeT) terrorist was produced before the Calcutta High Court on Tuesday from Tihar Correctional Home in Delhi as he has expressed his desire to argue in person his appeal against the order of conviction and death sentence imposed upon him in 2018 for “waging war against the country”.

A division bench of Justice Bivas Pattanayak and Justice Joymalya Bagchi considering the urgency heard the matter on a vacation day.

The convict Sk. Abdul Nayeem was produced before the court under proper escort from the Tihar Correctional Home. He prayed before the bench to supply him with copies of material exhibits in order to enable him to prepare his arguments in the appeal.

The bench ordered that in order to enable Nayeem to effectively argue his appeal, he should be kept in Presidency Correctional Home in Kolkata during the hearing of the appeal.

“In order to enable the said convict to effectively argue his appeal before this court, we consider it imperative that the said convict be kept in a correctional home in Kolkata during the hearing of the appeal. Director-General, West Bengal Correctional Services and Director General of Police, West Bengal are directed to make appropriate 2 arrangements so that the said convict may be handed over to the custody of the Superintendent, Presidency Correctional Home, Kolkata by the police personnel who have escorted the said convict from Delhi”, ordered the division bench.

Court added that the convict shall remain in Presidency Correctional Home, Kolkata under high security during the hearing of the appeal and shall be produced before the court in person with an appropriate police escort and security measures to advance his arguments in person.

Court further added, "In order to enable the said convict to acquaint himself with the procedures of the court, we request the Member Secretary, State Legal Services Authority to provide the services of a junior impaneled lawyer to interact with the said convict for filing pleadings and advancing arguments in the matter."

Court also appointed Senior Advocate Shekhar Kumar Basu as an Amicus Curiae to assist the court in the matter stating, “As the said convict has been sentenced to death, we also feel necessary that his arguments may be supplemented by the assistance of a senior advocate who would act as Amicus Curiae to this court. Mr. Sekhar Kumar Basu learned senior advocate is requested to assist the court as Amicus Curiae in the death reference so far as it relates to the said convict.”

The bench further ordered that the Director-General, West Bengal Correctional Services, Director General of Police, West Bengal and Superintendent, Presidency Correctional Home shall ensure production of Nayeem under proper escort and security arrangements before this court on the adjourned day.

Court noted that in the event attendance of Nayeem is necessary with regard to trial in any other criminal case in New Delhi or any part of the country, Correctional home authorities shall ensure his attendance through video linkage.

The bench also ordered the trial court to transmit all material exhibits to the court forthwith and adjourned the matter for further hearing on May 17, 2022, at 10:30 am.

Case Title: In Re: State of West Bengal vs. Md. Younus @ Bilal & Ors.