SC shifts Ghosh from mental hospital, considers release

During the hearing of a public interest litigation, amicus curiae Ranjit Kumar had pointed out to the court about Ghosh8217;s case and it had directed the Chief Justice of Calcutta high court to nominate a CJM to probe into the long period of incarceration and file a report.

The court directed the state government to shift him by the end of this month and bear the cost of providing him with the service of a psychiatrist and anattendant.

The court also asked the West Bengal Government to bear the quot;expenses for personal upkeep including clothing of Ghoshquot; while terming this as an interim arrangement.

Justice Anand hoped that this would help improve the health of Ghosh and asked counsel for the state K T S Tulsi to let the court know of the procedure to close the trial and method to compensate him for the long incarceration.

Disturbed over the casual manner in which Ghosh was kept in custody for over 38 years on murder charges, the Supreme Court on December 16 had ordered judicial probe into the case and sought a report.

The court had observed quot;this case presents a pathetic state of affairs and demonstrates the manner in which Ajay Ghosh was treated.quot;

Ghosh was arrested on January 28, 1962 on charges of murdering his brother Samir Ghosh but the trial was postponed in 1963 following medical report that Ghosh was of unsound mind and not fit to stand trial.

The apex court had taken exception to the fact that there wasnothing available in the affidavit filed by the DIG Prisons regarding court proceedings during the period between 1964 and 1983 on the state of affairs pertaining to Ghosh. The CJM in his report confirmed the gap in trial.

Ghosh was transferred to Antara Gram Psychiatric Centre from Presidency Jail, Alipore, after the Calcutta high court gave a direction to this regard in 1994.

The trial court had last remanded Ghosh to judicial custody on February 8, 1964 but after a long gap of 19 years, on November 12, 1983, it ordered that he be produced for trial when he would be mentally and physically fit.