Nepali Man In Custody For 41 Years: Calcutta High Court Directs Release After Finding Him Mentally Unfit To Face Murder Trial

first_imgNews UpdatesNepali Man In Custody For 41 Years: Calcutta High Court Directs Release After Finding Him Mentally Unfit To Face Murder Trial Sparsh Upadhyay17 March 2021 10:06 PMShare This – xThe Calcutta High Court on Wednesday (17th March) ordered the release of a Nepali man who was arrested about 41 years ago and since then he had been under detention. The bench of Chief Justice Thottathil B. Radhakrishnan and Justice Aniruddha Roy ordered thus after noting that current mental age in terms of intellectual functioning of the Man is around 9 years and 9 months. The…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Calcutta High Court on Wednesday (17th March) ordered the release of a Nepali man who was arrested about 41 years ago and since then he had been under detention. The bench of Chief Justice Thottathil B. Radhakrishnan and Justice Aniruddha Roy ordered thus after noting that current mental age in terms of intellectual functioning of the Man is around 9 years and 9 months. The bench was hearing the case of one Dipak Joshi, who was arrested on 12th May 1980 and has already undergone a period of more than 40 years in custody. Nepali Man In Custody For 40 Years: Calcutta High Court To Examine If The Prosecution Be Terminated In Suo Moto Proceedings On the basis of the materials on record, the Court observed that after the assessment of his mental status (sometime in January 1982) when he was found to be not mentally fit to stand trial, there had been no contrary report at any point of time even as of now before the Court of Session where the case is pending trial. Thus, in the exercise of authority under Section 482 of Cr.P.C. and Articles 226 and 227 of the Constitution of India, the Court ordered his release after noting, “In the aforesaid view of the matter, we do not see that any useful purpose will subserve the ends of justice by continuing to detain UTP Dipak Joshi @ Jaisi @ Jaishi in the Correctional Home.” The Court ordered that the Man (housed in Dum Dum Correctional Home) in connection with Sessions Case No.31 of 1981 in the First Additional District & Sessions Judges, Darjeeling is released from the Correctional Home and entrusted to the custody of Prakash Chandra Sharma Timsina. “It is impossible and impermissible to direct the UTP 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 in favour of the Registrar General of this Court undertaking to produce the UTP as and when directed by this Court”, the Court added. Lastly, the Court directed all Statutory Authorities to facilitate the transit of UTP Dipak Joshi @ Jaisi @ Jaishi to Nepal under the aegis of the Consulate General of Nepal in India at Kolkata upon his release. Case title – The Court on its own Motion: In re : UTP Dipak Joshi, lodged in Dum Dum Central Correctional Home [W.P.A. (P) 27 of 2021] Click Here To Download OrderRead OrderNext Storylast_img read more

Chelsea hunt for Costa replacement, Man City reject Nasri approach and Wenger enquires about Pato – Paper review

first_imgHere are the top transfer-related stories in Thursday’s newspapers…Chelsea will spend the next few weeks determining whether to target a striker to replace out-of-form Diego Costa. (The Guardian)Blues centre-back Gary Cahill’s future at Stamford Bridge is in doubt, with the club only willing to give him a one-year contract extension after his 30th birthday next month. (The Times) Arsenal manager Arsene Wenger has met with Corinthians director of football – and former Arsenal midfielder – Edu to enquire about Brazil striker Alexandre Pato. (Metro)Reports from Italy strengthen rumours the Gunners are also eying up a move for 26-year-old Bayer Leverkusen midfielder Lars Bender in January. (Calciomercato) Manchester City have rejected a £10million approach by Juventus for French forward Samir Nasri. (Daily Mirror)Newcastle are confident of completing a January deal for out-of-favour Tottenham winger Andros Townsend, with the club also set to table a speculative bid for Swansea and England midfielder Jonjo Shelvey. (Daily Mail)Former England manager Sven-Goran Eriksson, who currently manages Shanghai SPIG, has told Manchester United captain Wayne Rooney that China would be a “great place” to finish his career. (Evening Standard)Gerard Deulofeu has said he wants to stay at Everton “for a lot of years”, after speculation Barcelona could take the winger back to the Nou Camp. (Liverpool Echo)Crystal Palace boss Alan Pardew is considering a move for £14million Sporting Lisbon striker Islam Slimani to solve his attacking problems. (Daily Mirror)And here are the latest football headlines on talkSPORT.com…Man City should be winning a trophy every single season with their squad, insists Dietmar HamannSpeaking on talkSPORT’s Drivetime show, Dion Dublin urged Aston Villa players to apologise to the fans for their dire formJuventus line up January move for unsettled Arsenal target IscoMats Hummels back on Manchester United’s radar as Dortmund star prepares to quit clubLiverpool and Tottenham chasing Lille midfielderlast_img read more