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High Court takes serious view of `illegal detention'

Correspondent

Asks Phulbani civil court registrar to appear before it on May 14

CUTTACK: The High Court has directed the Phulbani district civil court registrar to appear before it personally on May 14 in connection with a case pertaining to a tribal youth being detained in jail for over eight years allegedly due to a clerk's negligence.

A Division Bench, comprising Chief Justice A.K. Ganguly and Justice Indrajit Mohanty, expressed shock when informed that their earlier order seeking the lower court records pertaining to the case was not complied with. It immediately issued orders asking the lower court registrar for a personal appearance with all documents related to the case.

The case, inter alia, states that one Pratap Naik, a resident of Ghimuhani village under Puruna Katak police station in Boudh district, was a minor, 14 years old, when he was first sent to jail in a murder case by the Phulbani district and session's judge court.

He was acquitted by the High Court in October 1994, but was released only on January 22, 2003.

Though the High Court acquitted Naik, a clerk at the lower court reportedly did not place the High Court orders before the Phulbani district judge for necessary compliance. As a result, the youth was kept in custody from January 17, 1995, to July 22, 2003, "illegally."

Seeking a compensation of Rs. 10 lakhs for illegal detention, Naik filed a PIL in the High Court.

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