Excerpt
The Calcutta High Court on 17th March disposed of the instant PIL matter by directing the release of a Nepali man on the account of finding him mentally unfit, after a period of about 41 years.
Facts
The instant matter before the Court was heard on the report given by West Bengal State Legal Services Authority about an under-Trial Prisoner Dipak Joshi, who was arrested on 12th May 1980, alleged under section 302 IPC and he had been under Dum Dum Central Correctional Home for nearly 41 years.
Arguments Advanced
The Consulate General of Nepal submitted that the near relatives’ whereabouts of UTP have been traced out and they have requested to handle the affairs of UTP. Further, an affidavit had also been placed on record by Prakash Chandra Sharma Timsina who was an elder son of UTP’s uncle.
Court’s Observations
The bench of Hon’ble Chief Justice Thottathil B. Radhakrishnan and Justice Aniruddha Roy remarked that after the assessment of UTP’s mentally ill status in January 1982, no contrary report at any point of time had been found. The Court further relied upon the report of Professors of Calcutta University and affirmed that the present mental age of the UTP in terms of intellectual functioning was around 9 years and 9 months. Therefore, the Court ordered his release after exercising its authority under Section 482 of Cr.P.C. and Articles 226 and 227 of the Constitution of India by holding that the continuing detention of UTP Dipak Joshi @ Jaisi @ Jaishi in the Correctional Home would subserve the ends of justice.
Thereby, the Court directed that in connection with Sessions Case No.31 of 1981 in the First Additional District & Sessions Judges, Darjeeling, the UTP should be released from the Correctional Home and his custody would be entrusted to Prakash Chandra Sharma Timsina.
Furthermore, it was held that the UTP couldn’t be made to execute any bond in view of the deficit in his mental capacity and his bond should be executed by his relative thereby, undertaking to produce the UTP as and when directed by the Court.
Judgment
The Court disposed of the instant PIL by directing all the Statutory Authorities to facilitate the transit of UTP Dipak Joshi @ Jaisi @ Jaishi to Nepal under the control of the Consulate General of Nepal in India at Kolkata on his release.
Click here to view full judgment.
Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the Court. Follow us on Google News, Instagram, LinkedIn, Facebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.
