Indian state asked to pay Nepali man who spent four decades without trial £5,000 as compensation

Man was arrested on murder charge in 1980 after he came to India to get job in army

Representative image: Dipak Joshi was arrested in 1980 and returned home to Nepal in March 2021 (EPA)

An Indian court has ruled that the government of West Bengal state must pay Rs 500,000 (£5,000) as compensation to a man from Nepal who spent 41 years in prison, without a trial.

Dipak Joshi was arrested on 12 May 1980 from India’s Darjeeling district on charges of murder. He had come to India after being told that he was offered a job in the army. But the man who had promised him a job allegedly made him murder someone.

But he remained in detention without the conclusion of trial as a report regarding his mental status was pending. His IQ was on a par with that of a 10-year-old and, therefore, he was unfit to withstand trial, reported The Times of India.

The Calcutta High Court noted on Wednesday that the 62-year-old should be compensated as he “suffered such a long detention” without trial in India. He was held at the Dum Dum Central Correctional Home near Kolkata.

Mr Joshi returned to Nepal in March this year and was reunited with his family after more than four decades.

“With the intervention of this court, said Dipak Joshi has been released from Dum Dum Central Correctional Home and has been handed over to his relatives,” the court said.

“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,” it added.

The court ordered the state government to transfer the money to Mr Joshi’s account within six weeks. The high court also sought a compliance report from the authorities.