A Nepali man who was detained in prison for 41 years despite being found mentally unfit to stand trial back in 1982 in a pending murder case, was granted ?5 lakh compensation by the Calcutta High Court [In re: UTP Dipak Joshi, lodged in Dum Dum Central Correctional Home], reports Bar and Bench.
A Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was hearing a suo motu case of one Dipak Joshi, who was arrested on May 12, 1980.
He was kept as an undertrial prisoner at the Dum Dum Central Correctional Home in relation to a case that remained pending before the Additional District & Sessions Judge, Darjeeling since 1981.
The High Court had intervened suo motu in March 2021 based on a Hindustan Times news report and had ordered his release while keeping the issue regarding his compensation pending.
The counsel appearing for High Court, submitted that the West Bengal Correctional Services Prisoners (Unnatural Death Compensation) Scheme, 2019 provides for a maximum compensation of ?5 lakh.
Counsel for State did not dispute the same. He submitted that the amount can be credited to the account of Dipak Joshi, who is presently in Nepal with his family members, through the Consulate of Nepal.
In view of the same, the High Court directed the State to pay a sum of ?5 lakh by transferring the amount to Dipak Joshi’s account within six weeks.
The Court also clarified that the payment of compensation will not affect the other rights of Dipak Joshi.
Further, the State was directed to file a compliance report by the next date of hearing.
