B.K. Sharma, J.

1. This case which has come to light at the initiative of a practicing advocate makes shocking revelation of violation of constitutional mandates as enshrined in Article 21 of the Constitution of India at the hands of the State instrumentalities. But for the intervention and timely action on the part of the advocate concerned, who is the Petitioner in this proceeding, the person concerned who was imprisoned by the State authorities for about 14 years under wrong identity, would not have seen the light of the outside world and would possibly have died a pathetic death.

2. The Petitioner is a legal practitioner who was appointed by the Court of Additional Sessions Judge, Shillong for defending one Sri Deep Charan Kaipang, an accused in Sessions Case No. 5/2000 (State v. Deep Charan Kaipang). He found from the records that the accused was sent to the mental home in the year 1995 on the basis of the report furnished to the effect that the accused had mental disorder. However, for the first time on 18.8.2000, during the course of the trial and on production of the accused from the jail hazot, the trial court noticed the abnormality and incapacity of the accused to understand the proceeding. Under those circumstances the Trial Court recorded in its order that the accused was not in a position to be tried and he needed immediate medical attention. The Superintendent, District Jail was directed to examine the accused through a qualified medical officer immediately and to furnish the report on or before 1.9.2000.

3. It will be pertinent to mention about the case in which the accused was involved. The FIR lodged on 20.4.92 on the basis of which the criminal case was registered reads as follows:

To

The Officer incharge,

Laithumkhrah Police Station,

Shillong,

Sir,

I have the honour to report about that (Today) (Date 20.4.92) around 5 PM while my brother Doyalian Kaipang was busy preparing curry at my room he was stepped by Depcharan Kaipang of Village Taidu, District South Tripura P.O. Taidu. As a result of which he died in Civil Hospital in Shillong just after he was taken to Hospital. I therefore, request you to kindly to take necessary action.

Yours faithfully

Rawgii Kaipang

Date:20.4.92

Written by

Sitesh D/Barma

Son of Hemanta Devbarma

Village-Naba Sardar Para

P.O. Jampai Jala

P.S. TakarJala

Dist-(W) Tripura

4. It was on the above basis, Shillong PS Case No. 390 (4) 92 Under Section 302 IPC was registered. It appears that the accused Deep Charan Kaipang was arrested and forwarded to the Chief Judicial Magistrate, Shillong by forwarding report dated 21.4.92 and as per the proceedings of the Trial Court, he was in custody since then. During the course of trial, the aforementioned order dated 18.8.2000 was passed directing examination of the accused by a qualified medical officer. On 1.9.2000 the accused was once again produced alongwith the medical report dated 26.8.2000 prepared by the Senior Medical and Health Officer, District Jail, Shillong. As per the report the accused was stated to be not abnormal. However, the learned Additional District Judge could not believe the report seeing the apparent abnormal behaviour of the accused in the Court room. In such a situation he passed an order directing the District Superintendent of Jail to take immediate necessary step to produce the accused before a Medical Board consisting of atleast one pshychopathist and to get him examined thoroughly. The report thereof was directed to be submitted on or before 15.9.2000. Considering the fact that the accused had been languishing in jail custody without any prayer for bail, the advocate concerned who is the Petitioner in the instant proceeding was appointed as the defence counsel of the accused.

5. On 15.9.2000, the medical report was submitted. As per the said report the accused was examined on 12.9.2000 at Civil Hospital and the Board which was constituted for the purpose found that the accused was not responding to verbal cues and his behaviour