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The Calcutta High Court has offered Rs. 5,00,000 (Five Lakh Rupees) as compensation to a Nepali man who has been in jail for 41 years.

The Bench of Chief Justice Prakash Srivastava and Justice Rajarshi Bharadwaj was hearing a suo moto case registered by the Court.

The man, one Dipak Joshi, was lodged in Dum Dum Central Correctional Home since May 12, 1980. He had remained in detention for almost 41 years without conclusion of trial, awaiting the report of appropriate authority as regards his mental status.

This is because an issue was raised as to whether the said person was fit to withstand trial on the charge of having committed an offence, considering his mental health. 

The Court had intervened and Joshi was released from Dum Dum Central Correctional Home and was handed over to his relatives, however, the Court noted that “the fact remains that Dipak Joshi remained in detention without trial for almost 41 years. Hence, in view of previous proceedings in this Court the issue of awarding compensation to the said person who has suffered such a long detention, arises.”

Therefore, Joshi was ordered to be paid the maximum compensation payable under the West Bengal Correctional Services Prisoners (Unnatural Death Compensation) Scheme, 2019 i.e. amounting to the tune of Rs. 5,00,000 (Five Lakh Rupees).

“Taking a clue from the said Scheme, the maximum compensation as payable under the scheme should be paid to Dipak Joshi,” the Bench stated.

The Bench further clarified that the payment of compensation will not affect the other rights of Dipak Joshi. The State has been ordered to file the compliance report before February 17, 2022.