S P MAHANTA Vs. STATE OF MEGHALAYA

JUDGEMENT

(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 apathetic 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 Ses- isions Case No. 5/2000 (State Vs. Deep Charan Kaipang),He found from the records (that the accused was sent to the mental home tn 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 circum- stances 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: <FRM>JUDGEMENT_211_GAULT4_2005Html1.htm</FRM>