In Soma Saha Sen versus State of West Bengal, the Petitioner has approached the Calcutta High Court seeking direction upon the respondent authorities to permit her husband, who is in incarceration, to execute and register sale deeds in favour of various intending purchasers.
- learned advocate appearing for the State-respondents submits that there is no embargo to permit the husband of the petitioner to execute the sale deeds under the West Bengal Jail Code or the West Bengal Correctional Services
Act, 1992. However, the registration of the documents requires to be done on commission.
learned advocate appearing for the petitioner submits that the proviso to Section 31 of the Registration Act, 1908 empowers the registering officer, in the event special cause is shown, to attend the residence of any person for the
purpose of presentation of document for registration. It is further submitted that Section 79(2)(j) of the West Bengal Correctional Services Act, 1992 also does not put an embargo on the fundamental rights of a prisoner enshrined in Chapter III of the Constitution save and except when the said rights become incapable of enjoyment as an incident of confinement.
Justice Joymalya Bagchi maintained – “Right to carry on trade and profession including right to convey property in course of such business is an essential fundamental right enshrined under Article 19(i)(g) of the Constitution of India and the same do not stand eclipsed by the continuing incarceration of a prisoner. Hence, the court stated that incarceration of the husband of the petitioner shall not disentitle him from executing sale deeds to convey flats in favour of intending purchasers in accordance with law.”