Nepali Man In Custody For 40 Years: Calcutta High Court To Examine If The Prosecution Be Terminated In Suo Moto Proceedings

The bench of Chief Justice Thottathil B. Radhakrishnan and Justice Aniruddha Roy was hearing the case of one Dipak Joshi, who was arrested on 12^th May 1980 and has already undergone a period of more than 40 years in custody.

Background

The Court heard the parties on the basis of an affidavit placed on record by the Consulate General of Nepal which stated that Joshi was arrested about 41 years ago and since then, he is under detention.

It also came to light that reports are awaited as regards his mental status because the issue in question is - as to whether he is fit to stand trial on a charge for having committed an offence.

The report of SLSA and the materials provided by the High Court Administration as also the material papers available with the Consulate General of Nepal tend to indicate that Joshi has the mindset of a child not more than 9-10 years of age.

Court's observations

Noting that he has already spent more than 40 years in prison, the Court remarked,

"Even if life imprisonment is to be ultimately handed down after a trial which could happen only if the accused is found to be one, who can stand trial in spite of his mental capacity which is writ large in the materials before us."

Further, the Court observed that it would be required to examine as to whether it is necessary to continue the prosecution at all against him to secure the ends of justice.

The Court further added,

"…in the interest of justice and to secure the ends of justice that the said prosecution itself be terminated through a judicial order of the superior Court in exercise of power under Section 482 of the Code of Criminal Procedure read with Articles 226 and 227 of the Constitution of India, by this Court in this suo motu proceeding."

Lastly, the Court requested the Advocate appearing for the SLSA, High Court Administration, Consulate General of Nepal, and also for the relative of the person concerned to acclimatize themselves with the appropriate legal aspects in this regard and make further submissions on 15^th March 2021 at 2 p.m.

Case title - The Court on its own Motion: In re : UTP Dipak Joshi, lodged in Dum Dum Central Correctional Home [W.P.A. (P) 27 of 2021]

Click Here To Download Order

Read Order