Calcutta Hc Requests Compensation For A Man In Jail For 41 Years, Without A Trial

Kolkata, December 12, 2012 : .In rare ruling, Calcutta High Court ordered the government of Nepal to compensate a citizen who was kept behind bars 41 years ago without trial for keeping him in jail.
The matter was brought to the attention by a human rights organization.In March, Calcutta High Court released him.Durga Prasad Timothysina, alias Dipak, was taken into custody in Darjeeling on May 12, 1980 for his involvement with a murder investigation.

Dipak was originally a Lumbak Village resident under Phakphokthum Rural Municipality, Ilam.

In January 1980, he went to Magalbare Bazar, Ilam to buy mustard.Since that time, his family did not have any information about him.He did not come home.Later, it was discovered that he had traveled to Darjeeling and worked on a tea estate.

The charge of murdering his wife was the basis for his arrest.This charge is still being investigated.

Court records show that he was lured to Darjeeling by a promise to get a job with the Army.The man who had promised the job to him was a suspect in his murder.

Since then, he had spent his entire life in prisons.

Durga Prasad was also mentioned by another prisoner who was being held in Dum Dum’s central jail.

The word spread to HAM radio operators, who in turn contacted Nepal Radio Club.Their members began a search that led them to Manomaya Devi’s mother in Lumbak in eastern Nepal.

She contacted the Nepalese consulate to plead for her son’s return.

The West Bengal State Legal Services Authority received information about Durgaprasad’s mental condition and conducted an evaluation.

After assessing Durga Prasad’s IQ, the West Bengal State Legal Services Authority concluded that he was not fit to stand trial.