Capturing a person without legal trial for 40 years is a violation of human rights. When sentenced to life imprisonment in Nepal, a person should be sentenced to only 25 years’ imprisonment.
Nepal’s law declares for life imprisonment only for rape, murder, abduction, hostage-taking, etc. In Nepal, the case is usually decided within two years.
However, in India, where the same man had been in prison for 40 years, his trial was not conducted by anyone, nor was the case against him heard.
Durga Prasad Timsina, 61, of Lumbak, Mai Municipality-10, had to spend 40 years as a prisoner in Dumdum Prison in Kolkata, India without being heard.
Timsina, who was arrested on May 11, 1980, after her husband Naine Gurung filed a case against Durga Prasad for murdering Janu Gurungni of Darjeeling, was finally released on March 20, 2021.
Timsina, who became the guardian of the family after her father’s death, had moved to Darjeeling for employment due to poverty. According to Prakash Chandra Timsina, his cousin, the only document found in the case was the murder of a woman working at a tea plantation in Darjeeling.
Durga Prasad’s case was heard on March 15. He was ordered to be released only on March 17. Durga Prasad has been released from jail on March 20.
Kolkata High Court Chief Justice Thottathil B Nair Radhakrishnan and Justice Aniruddha Roy have ordered Durga’s release. Advocate Hirak Sinha and others had a free debate in favor of Durga Prasad.
Durga Prasad has arrived home on March 21 in a state of trembling body, hands, and feet full of injuries due to electric shock, broken teeth, torn tongue, unable to speak, unable to stand and walk easily.
On March 26, a court in Kolkata issued an order in the name of the West Bengal government to make arrangements for Durga Prasad’s family to seek compensation. However, Durga Prasad’s uncle’s son Prakash Chandra Timsina says that he is not convinced that Durga Prasad will easily compensate him for his physical and intellectual disability.
According to a psychiatrist, Durga Prasad has a mental condition similar to that of a nine-year-old child.
There is no provision in Indian law to compensate prisoners held in correctional centers. However, despite the provision of keeping her captive for 20 years, Durga Prasad has been a captive for 40 years, which is a condition of humanitarian compensation, Timsina said.
“We must now take the initiative to go to the International Court of Justice to compensate Durga Prasad,” Timsina said.
According to the victim’s family, Durga Prasad has been brought every six months to submit the date.