Durga Prasad Timsina. Photo alias Dipak Jaishi: Shankar Giri
New Delhi: The
Calcutta high court on Tuesday, December 7 granted Rs 5 lakh
compensation to a Nepali man who served 41 years in prison in India and
was only released in March this year, following the court’s
intervention, LiveLaw has reported.
A bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was hearing the suo motu
case of one Dipak Jaishi, the Nepali man in question who was arrested
in West Bengal’s Darjeeling in May 1980 on a murder charge.
Following his arrest, Jaishi was kept
in the Dum Dum Central Correctional Home as an undertrial prisoner
since he was found unfit for trial and a report on his mental status was
awaited. No report was submitted in this regard and he thus remained
behind bars until a news report on Jaishi’s condition was brought to the
notice of the high court’s then Chief Justice.
Subsequently,
the court ordered a lawyer to file a petition for his release. After
the case was heard, a bench of the then Chief Justice T.B.N.
Radhakrishnan and Justice Aniruddha Roy invoked the authority of the
high court as per Section 482 of the Code of Criminal Procedure and
Articles 226 and 227 of the Indian constitution to order his release on
March 17 of this year.
Jaishi was 70 years old when he was
released and handed over to his relatives. Following his release, the
Calcutta high court on March 22 sought the state government’s response
with regards to awarding him compensation.
The Wire had published a report
on how Jaishi’s release came about and his emotional reunion with his
family members, including his octagenarian mother. His family is
strapped for cash and was expecting monetary support from the Nepal
government and compensation from the Indian government.
In Tuesday’s hearing, the counsel for
the high court highlighted the West Bengal Correction Services
Prisoners (Unnatural Death Compensation) Scheme, 2019 and that the
maximum payable compensation under said scheme was Rs 5 lakh.
The
counsel for the state readily accepted the suggestion and noted that it
could be credited to Jaishi’s account through the Consulate of Nepal,
since Jaishi returned to the country and is currently living with his
family there.
The court directed the state to pay
the stipulated amount within a period of six weeks. The court further
directed the state to file a compliance report by the next date of
hearing, set on February 17, 2022.
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(With input from news agency language)
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