Man in detention without trial for almost 41 years, compensation granted: Cal HC

Calcutta High Court: The Division Bench of Prakash Shrivastava, CJ and Rajarshi Bharadwaj, J., awarded compensation to a person who was remained in detention for almost 41 years without conclusion of the trial.

Instant suo motu petition was registered by this Court taking note of the factual situation that one person of Nepali origin was arrested and had remained in detention for almost 41 years without conclusion of trial, awaiting the report of appropriate authority as regards his mental status because apparently an issue was raised as to whether the said person was fit to withstand trial on a charge of having committed an offence.

With this Court’s intervention, the above-stated person was released and handed over to his relatives. But the fact remains that the said person was in detention without trial for almost 41 years.

In view of the above background, the issue of awarding compensation to the said person arose.

High Court directed respondent/State to pay a sum of Rs 5 lakhs by transferring the amount in the account of the said person by following due process of law.

Matter to be listed on 17-2-2022. [UTP Dipak Joshi, lodged in Dum Dum Central Correctional Home, In Re., 2021 SCC OnLine Cal 3020, decided on 7-12-2021]


Advocates before the Court:

Mr. Jayanta Narayan Chatterjee, Ms. Jayashree Patra

..for the SLSA.

Mr. Anirban Ray, Mr. Debasish Ghosh

..for the State.

Mr. Saikat Banerjee,

Ms. Juin Dutta Chakraborty, Mr. U.K. Roy

..for High Court Administration.

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