The Calcutta High Court has directed the immediate release of a Bangladeshi national who has spent over 21 years in an Indian prison after being arrested as a minor for illegal entry. The court also ordered the authorities to take steps for his repatriation to Bangladesh, noting that the maximum period a juvenile can be kept in custody under the law is seven years.
A division bench comprising Justice Rajasekhar Mantha and Justice Rai Chattopadhyay passed the order on Thursday after examining a report confirming that the prisoner was a minor at the time of his arrest in February 2005. The man, who is currently 36 years old, has remained in custody for more than two decades.
The bench considered a report submitted by the Additional District and Sessions Judge at Basirhat in North 24 Parganas district, following an inquiry into the prisoner’s claim of juvenility. According to the report, an ossification test determined that the appellant is presently 36 years old.
Based on the findings, the High Court concluded that he was a minor on February 8, 2005, the date of his arrest for illegal entry into India.
Observing that the Juvenile Justice (Care and Protection of Children) Act limits the maximum period of detention for a juvenile to seven years, the bench held that the continued incarceration of the appellant for more than 21 years was impermissible. The court therefore ordered his immediate release and directed the State to initiate steps for his repatriation to Bangladesh.
In a separate order issued the same day, the division bench also directed the release of another man who had been imprisoned for over 14 years despite being a juvenile at the time of his arrest.
The decision followed a report submitted by the Additional District and Sessions Judge of the Fast Track Court at Rampurhat in Birbhum district. The report concluded that the appellant was 15 years and 9 days old on February 27, 2011, the date when the alleged offence occurred.
Taking note of the report, the High Court observed that a juvenile cannot be sentenced to more than seven years under the law. Since the man had already spent more than 14 years in custody, the court ordered that he be released immediately.
The rulings underscore the statutory protections available to juveniles under the Juvenile Justice Act and the limits placed on their detention, even in cases involving criminal offences.
