Calcutta HC releases Nepali undertrial after 41 years in prison

Image Courtesy:livelaw.in

The Calcutta High Court had ordered the release of a Nepal prisoner incarcerated for 41 years in a Kolkata prison after it was assessed that he was intellectually disabled. The bench of Chief Justice Thottathil B. Radhakrishnan and Justice Aniruddha Roy directed authorities to ensure his smooth transit through the Nepal Consulate.

The under trial prisoner (UTP) has been in the Dum Dum Central Correctional Home, on charges of murder, for nearly 41 years, as submitted by West Bengal State Legal Services Authority. Upon assessment, it was found that the UTP’s current mental age in terms of intellectual functioning is around 9 years. The whereabouts of his family were traced and it was found that his mother is 90 years old. His nearest relative came up and filed an affidavit that he is the UTP’s cousin.

The court checked materials on record and found that UTP was found to be mentally unfit to stand trial in 1982 itself, and there is no contrary report at any point of time even as of now before the Court of Session where the case is pending for trial.

The court thus exercised its powers under Section 482 of Cr.P.C. and Articles 226 and 227 of the Constitution. The court ordered that the UTP, Dipak Joshi @ Jaisi @ Jaishi be released from the Correctional Home and entrusted to the custody of his cousin. The court said that this is in consonance with court granting bail pending trial.

The court held that it would be impossible and impermissible to direct the UTP to execute any bond in view of the deficit in his mental capacity. The court, thus, asked the UTP’s cousin to execute a simple bond and give an undertaking to produce the UTP as and when directed by the Court.

The court directed that the UTP be released preferably within a day and directed all concerned Authorities to do the needful to facilitate the transit of UTP under the aegis of the Consulate General of Nepal at Kolkata.

The complete order may be read here: