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Probe 54-year incarceration in hospital, court tells Assam

Legal Correspondent

Bench orders compensation to 77-year-old man who was freed in July last


  • Machal Lalung was arrested when he was 23
  • Case never came up for trial

    New Delhi : Shocked at the plight of a 77 year-old man, who languished as undertrial in a mental hospital in Assam for 54 years, the Supreme Court on Monday ordered payment of a Rs. 3-lakh compensation and also Rs. 1,000 a month to him until further orders.

    A three-judge Bench comprising Chief Justice Y.K. Sabharwal, Justice C.K. Thakker and Justice R.V. Raveendran, while directing the Assam government to make the payment within one week, asked the High Court and the government (one judicial officer and one senior official) to hold an enquiry and submit a report in two months.

    Lawyer F.I. Choudhary had sent to the former Chief Justice R.C. Lahoti a letter along with the clipping of a newspaper report, which said Machal Lalung of Mikir Chuburi in Morigaon district was arrested in 1951 when he was 23 for an offence under Section 326 (voluntarily causing grievous injuries) of the Indian Penal Code.

    As he was mentally unstable to stand trial, he was sent to the hospital, where he suffered incarceration for 54 years.

    For, the case never came up for trial during this long period even once. Lalung was released only in July last at the intervention of the National Human Rights Commission.

    Government's offer

    On Monday senior counsel, K.K. Venugopal, appearing for the State, said the government was willing to provide him a Rs. 3-lakh monetary relief, besides free treatment with medicines for life.

    Taking note of the submissions, the Bench said guidelines should be laid down so that such instances did not recur.

    It was also necessary to fix accountability on persons responsible for the episode.

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