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Nepali Man In Custody For 41 Years: Calcutta High Court Directs Release After Finding Him Mentally Unfit To Face Murder Trial

Sparsh Upadhyay
18 March 2021 5:06 AM GMT
Nepali Man In Custody For 41 Years: Calcutta High Court Directs Release After Finding Him Mentally Unfit To Face Murder Trial
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The Calcutta High Court on Wednesday (17th March) ordered the release of a Nepali man who was arrested about 41 years ago and since then he had been under detention. The bench of Chief Justice Thottathil B. Radhakrishnan and Justice Aniruddha Roy ordered thus after noting that current mental age in terms of intellectual functioning of the Man is around 9 years and 9 months. The...

The Calcutta High Court on Wednesday (17th March) ordered the release of a Nepali man who was arrested about 41 years ago and since then he had been under detention.

The bench of Chief Justice Thottathil B. Radhakrishnan and Justice Aniruddha Roy ordered thus after noting that current mental age in terms of intellectual functioning of the Man is around 9 years and 9 months.

The bench was hearing the case of one Dipak Joshi, who was arrested on 12th May 1980 and has already undergone a period of more than 40 years in custody.

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

On the basis of the materials on record, the Court observed that after the assessment of his mental status (sometime in January 1982) when he was found to be not mentally fit to stand trial, there had been no contrary report at any point of time even as of now before the Court of Session where the case is pending trial.

Thus, in the exercise of authority under Section 482 of Cr.P.C. and Articles 226 and 227 of the Constitution of India, the Court ordered his release after noting,

"In the aforesaid view of the matter, we do not see that any useful purpose will subserve the ends of justice by continuing to detain UTP Dipak Joshi @ Jaisi @ Jaishi in the Correctional Home."

The Court ordered that the Man (housed in Dum Dum Correctional Home) in connection with Sessions Case No.31 of 1981 in the First Additional District & Sessions Judges, Darjeeling is released from the Correctional Home and entrusted to the custody of Prakash Chandra Sharma Timsina.

"It is impossible and impermissible to direct the UTP to execute any bond in view of the deficit in his mental capacity. Ends of justice will be satisfied if his release is supported by a simple bond executed by the aforementioned, Prakash Chandra Sharma Timsina in favour of the Registrar General of this Court undertaking to produce the UTP as and when directed by this Court", the Court added.

Lastly, the Court directed all Statutory Authorities to facilitate the transit of UTP Dipak Joshi @ Jaisi @ Jaishi to Nepal under the aegis of the Consulate General of Nepal in India at Kolkata upon his release.

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]

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