Calcutta High Court directs release of Nepali man found unfit to stand trial and detained for nearly 41 years

The Calcutta High Court on Wednesday ordered the release of a Nepali man who had been detained for nearly 41 years in a correction home, after he was found mentally unfit to stand trial back in 1982 in a pending murder case (In re : UTP Dipak Joshi @ Jaisi @ Jaishi, S/o Champakha Jaisi, lodged in Dum Dum Central Correctional Home). .Dipak Joshi was kept as an undertrial prisoner at the Dum Dum Central Correctional Home in relation to a case that has been pending, and which continues to be pending, before the Additional District & Sessions Judge, Darjeeling since 1981. .Experts assessed his IQ level and current mental age at around 9 years and 9 months, the Bench of Chief Justice Thottathil B Radhakrishnan and Justice Aniruddha Roy took note in the order passed on Wednesday. .After Joshi's mental status was assessed sometime in 1982, there was no contrary report till date before the Sessions Court, where the murder case is still pending for trial..The High Court, therefore, opined that there was no useful purpose in continuing to detain Joshi at the correctional home. Therefore, the Court ordered his release to a near relative on the execution of a simple bond. The said relative, his cousin had applied for Joshi's release through an application before the Court. .The Bench invoked its authority under Section 482 of the Code of Criminal Procedure (inherent powers of High Court) and Articles 226 and 227 of the Constitution to order Joshi's release. Reliance was also placed on the Supreme Court's ruling in the case of News Item “38 years in jail without trial” published in Hindustan Times, In Re Vs. Union of India.."This course will also be in consonance with the power of the Court to grant bail pending trial", the Court added. .As far as the execution of a simple bond being the condition for Joshi's release, the Bench explained, "It is impossible and impermissible to direct the UTP (Joshi) 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 (relative) in favour of the Registrar General of this Court undertaking to produce the UTP as and when directed by this Court." .Upon this bond being executed at the earliest, and preferably today or tomorrow, the Correction Home is to release Joshi into the custody of his relative. His relative has also been asked to keep the Consulate General of Nepal in India, Kolkata updated once in six months, until otherwise ordered, with inputs regarding Joshi's affairs..[Read Order]