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Thursday, August 23, 2007

Judicial System's Negligence Ruined Nine Years of a Youth

Pratap Naik, another victim of our injudicious judicial system, who was deprived of nine valuable years of his life because of the negligence of the court officials.

This young man is a resident of Ghimuhani village under Puruna Katak police station of Boudh district in Orissa. The cursed point of this young lad was in February of 1989 when the 13-year-old Pratap was returning home from school and unfortunately became a witness of a murder. Our hardcore legal system tightened its clutch on him and from the witness made him an associate of the accused and imprisoned him along with others for life-time. The other accused using their power got bail and appealed in the Orissa High Court but Pratap lacking such resources stayed back in the prison.

In October of 1994, the High Court passes its judgment in favor of the accused due to lack of evidence including Pratap but the court officials' irresponsible attitude and their failure to inform the jail authorities regarding Pratap's release led to nine more years of detention without any cause. It was only on January 22, 2003 that the officials woke up and Pratap was able to breathe the air of freedom. Pratap is right now getting treatment at VSS Medical College and hospital in Burla for his mental condition.

This incident would not have come into light if it was not for Pravin Kumar Das, a social activist and lawyer who when got to know of the incident in 2005 filed a PIL against the State government to pay a compensation of 10 lakhs to Pratap for the illegal detention. As a result, the judgment came in his favor.

The Orissa High Court has directed the state government to pay 8 lakhs compensation to Pratap. The Division Bench comprising of Chief justice A.K. Ganguly and justice Indrajit Mohanty has ordered State Government to prepare a draft and deposit the amount with the HC judicial registrar. The amount is to be deposited in Naik's name in a nationalized bank as fixed deposit for 10 years. According to the order, Naik would be allowed 75% of the interest earned on the amount for his personal expense on monthly basis and at the end of 10 years he will be able to withdraw the full amount.

His parents are happy with the compensation, but the question is will this amount compensate for those nine years that he spent in jail for no fault of his? The effect that the imprisonment had on a young mind and body? Who is the actual culprit, the judicial system or the lack of resources and poverty of Pratap that made him the victim of our legal system?
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