CALCUTTA HC EXAMINE IF THE PROSECUTION AGAINST A NEPALI ORIGIN WHO SERVED 40 YEARS IN CUTODY, IN SUO MOTU PROCEEDING

14th March 2021

Calcutta HC - Justice Thottathil B Radhakrishnan and Justice Anirudha Roy dealt with a case initiated by the court on its motion related to Dipak Joshi, A Nepali origin who was arrested on 12th may 1980 and had undergone a period for almost 40 yrs of custody.

The bench decided to examine if the prosecution against Dipak should be terminated. It came to light that his mental status is not more than 9-10 yrs of age, so whether he is fit to stand a trial on charges against him. The Court observed that he had spent more than 40 yrs in custody, “In the interest of justice and to secure the ends of justice that the said prosecution itself be terminated through a judicial order of the Superior Court”.

Author: Papiha Ghoshal