Dipak Jaisi vs the Indian judiciary: A classic case of miscarriage of justice

Forty years behind bars on a fabricated murder charge. No trial, no recourse for justice.

Burden of proof solely on an alien, who is medically unfit to stand trial.

You may be thinking: This must be a story from one of those Leo Tolstoy books.

This is a fiction, not a fact, for such a miscarriage of justice cannot take place in a modern, democratic world.

Or this must be a story from one of those pariah states.

Forty years behind bars on a fabricated murder charge. No trial, no recourse for justice.

Burden of proof solely on an alien, who is medically unfit to stand trial.

Wrong. Absolutely wrong. In fact, this miscarriage of justice took place in a country that takes pride in its 'democratic traditions'. Yes, it took place in a country that presents itself in regional and international fora as the 'world's largest democracy'.

Thanks to the efforts of Radhe Shyam Das, the HAM radio club called the West Bengal Radio Club and the Nepal Radio Club, and the kin of the victim, Durga Prasad Timsina aka Dipak Jaisi is free on medical parole now, of course with strings attached, shackles attached. As if spending 40 years behind bars on a fabricated charge were not enough, the Calcutta High Court has stated that the trial against Durga Prasad aka Dipak Jaisi shall start/resume once his medical condition improves.

Till then, kin should keep updating their 'lordships' at the high court about the condition of Durga Prasad aka Dipak Jaisi regularly, the court has ordered.

As if spending 40 years behind bars on a fabricated charge were not enough, the Calcutta High Court has stated that the trial against Durga Prasad aka Dipak Jaisi shall start/resume once his medical condition improves. In its judgment, the high court has ordered that Durga Prasad aka Dipak Jaisi should get compensation from the Indian state if the court is approached for the same.

If his family is unable to take initiatives for compensation, the Nepali state, particularly the government, should approach the Indian state for compensation in this case. But a lackey regime in Nepal seems least bothered to take up this case. Nepal's political parties, who never get tired of speaking up about mundane things, have not bothered to speak on this case.

While languishing behind bars, Durga Prasad seemed to have no identity. After walking free, he now has an identity. He has obtained his Nepali citizenship certificate.

A lackey regime in Nepal seems least bothered to take up this case

Now, his family can approach the Indian state, the Indian judiciary for some sort of compensation. Of course, there can be no true compensation for the injustices that Durga Prasad aka Dipak Jaisi has suffered at the hands of the Indian judiciary, the Indian state.

What''s more, the international/national human rights fraternity, including the Amnesty International and the Human Rights Watch, have maintained mysterious silence in this case of miscarriage of justice. The self-styled champions of human rights and democracy, like the European Union and the United Nations, too seem to have lost their voices in this case.

The international/national/regional human rights fraternity, including the Amnesty International, Human Rights Watch, European Union and the United Nations, seems to have lost their voice

Is it because they are too afraid, too hesitant to speak for justice because the guilty party in this case is the 'world's largest democracy', and not Durga Prasad Timsina aka Dipak Jaisi.

The question is: Who will put the 'world's largest democracy' in the dock for this miscarriage of justice? And who will deliver justice?

Who will put the 'world's largest democracy' in the dock for this miscarriage of justice? And who will deliver justice? Links:

https://ekantipur.com/news/2021/03/21/161629653524561546.html

https://www.youtube.com/watch?v=0VS136XYirE

https://timesofindia.indiatimes.com/city/kolkata/out-of-jail-after-41-years-62-year-old-nepal-man-to-head-home-with-brother/articleshow/81608808.cms

https://www.onlinekhabar.com/2021/03/939263

https://www.facebook.com/onlinekhabarnews/videos/276777817295730

https://kathmandupost.com/national/2021/03/22/durga-prasad-timsina-reunites-with-his-mother-after-four-decades

https://kathmandupost.com/province-no-1/2021/03/23/kolkata-high-court-orders-state-government-to-consider-compensating-timsina

https://www.poetryfoundation.org/poems/48989/caged-bird