Calcutta High Court directs release of Nepali man found unfit to stand trial and detained for nearly 41 years
The Calcutta High Court ordered the release of a Nepali man who had been held in a correctional facility for nearly 41 years after being found mentally incompetent to face trial in a pending murder case in 1982. Dipak Joshi was held at the Dum Dum Central Correctional Home as an undertrial detainee in connection with a case that has been pending before the Additional District & Sessions Judge, Darjeeling, since 1981.
Experts estimated his IQ level and current mental age to be around 9 years and 9 months, according to the order signed by Chief Justice Thottathil B Radhakrishnan and Justice Aniruddha Roy on Wednesday. There has been no contrary report before the Sessions Court since Joshi's mental state was assessed in 1982, and the murder case is still awaiting trial.
The Bench clarified that Joshi's release was contingent on the execution of a simple bond: " "It is impractical and illegal to order the UTP (Joshi) to execute any bond due to his mental ability deficit. The ends of justice will be served if his release is backed up by a clear bond signed by the aforementioned, Prakash Chandra Sharma Timsina (relative) in favour of the Registrar General of this Court, promising to deliver the UTP as and when this Court directs."