Calcutta High Court Orders ₹5 Lakh Compensation For Nepali Man Who Remained In Prison Sans Trial For Over 40 Years

The Calcutta High Court on Tuesday granted Rs. 5 Lakh as compensation to a Nepali man who remained in prison for over 41 years and was released in March 2021 following High Court's intervention.

The bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was hearing the suo moto case of one Dipak Joshi, who was arrested on 12^th May 1980 and was released in March 2021, after undergoing a period of more than 40 years in custody.

Joshi, who was arrested in May 1980 had remained in detention for almost 41 years without conclusion of the trial as a report of appropriate authority regarding his mental status was awaited.

The report was sought after an issue was raised as to whether he was fit to withstand trial on a charge of having committed an offence. In March 2021, with the intervention of the Court, Joshi was released from Dum Dum Central Correctional Home and has been handed over to his relatives.

On March 22, the Calcutta High Court had asked the State Government to submit its response on providing him compensation/damages. On December 7, the Counsel for the High Court referred to the West Bengal Correctional Services Prisoners (Unnatural Death Compensation) Scheme, 2019 to submit that the maximum compensation payable under the said Scheme is Rs.5 lakhs.

The counsel for the State did not dispute the said fact and he submitted that the amount can be credited in the account of Dipak Joshi, who is presently in Nepal with his family members, through the Consulate of Nepal.

Hence, the Court directed the respondent/State to pay a sum of Rs.5 lakhs by transferring the amount in the account of Dipak Joshi by following the due process of law within a period of six weeks

The Court also clarified that this payment of compensation will not affect the other rights of Dipak Joshi. Listing the matter for February 17, 2022, the Court has directed for the filing of the compliance report by the next date of hearing.

Case title - In re: UTP Dipak Joshi, lodged in Dum Dum Central Correctional Home

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