Shocking case of justice going from bad to worse. Glad that BiplapSharma rendered the right verdict and his direction to allow cases tobe filed against govt. entities for unlawful imprisonment. ____________________ Innocent man spends 14 years in jail !From Our Law Reporter GUWAHATI, July 29 – In a sensational case, the Gauhati High Courttoday came to the rescue of a person wrongfully dumped for long 14years in jail and directed to make him a free man and also payment ofcompensation and cost for his illegal detention. This man's family wasnot informed about his arrest nor was he ever taken to any court. Hewas made to represent a man missing from custody. The court of Justice B K Sarma further directed that the officials ofthe Meghalaya Government involved in the case should also be proceededagainst for their causing unlawful detention of Rusith D Sangma in thename of Deep Charan Kaipang. After a detailed investigation, the court came to the conclusion thaton or around July 11, 1994, accused Deep Charan Kaipang along withother under trial prisoners were taken to the Court of CJM, Shillongand Deep Charan Kaipang was never brought back to the jail on July 11,1994 and was instead substituted by Rusith D Sangma. The case taken up at the instance of Advocate S P Mahanta of Shillong.Mahanta pleaded that Rusith Sangma was never officially lodged in theDistrict Jail, Shillong or in Tura Jail after November 22, 1990a andinstead he was lodged in Jail by the name of Deep Charan Kaipang. Hewas identified by a co-prisoner Hevel Avel Koly to be another personand not Deep Charan Kaipang. It was found that due to the negligence and dereliction of duties onthe part of the Shillong District Jail staff, the actual accused DeepCharan Kaipang was not back to the jail after being sent out forproduction in the court. Then Snagma was presented as Deep CharanKaipang to make it a case of re-lodging in the jail. Justice Sarma examined the evidence of various officials of MeghalayaGovernment and found that possibly Kaipang died an unnatural death andto suppress it Sangma was found be the easy scapegoat. And RusithSangma had to spend 14 valuable years of the prime of his life in jailwithout any trial and also in substitution of another accused whomight have died an unnatural death. The High Court found that Rusith Sangma is the victim of capriciousacts perpetrated by officials of the Meghalaya Government. The courtopined that it was fit that the State Government of Meghalaya couldpay an amount of Rs 2 lakh by way of compensation to Sangma. The court permitted Advocate S P Mahanta who has espoused the cause ofSangma, to ensure deposit of the amount of compensation in a bankaccount as may be suitable for Sangma. Justice Sarma further directed that Sangma be provided all medicalfacilities as and when required. He also permitted the MeghalayaGovernment to realise the amount to be paid to Sangma from thesalaries of its erring officials in this case. The court also placed on record the commendable efforts of AdvocateMahanta and Additional District Judge, Shillong as well as the effortsof Tanmoy Behra, DSP, CBI for assisting the court in renderingassistance to Sangma. The High Court further directed imposition of acost of Rs 15,000 on the Meghalaya Government and directed the saidamount to be paid to Advocate Mahanta not only for his sincereservices and also for the expenses incurred by the Advocate. It was also directed by the High Court that the Meghalaya HomeDepartment should ensure that all measures be taken for checkingrecurrence of such incidents in the state in future. _______________________________________________ Assam mailing list Assam@pikespeak.uccs.edu http://pikespeak.uccs.edu/mailman/listinfo/assam
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