Calcutta High Court passed this order while hearing a suo motu case registered by the Court taking note of the factual situation that a person of Nepali origin was arrested in 1980, and had remained in detention for almost 41 years without conclusion of trial, awaiting the report of appropriate authority.
Calcutta High Court directed the Counsel for the Eastern Railway to hand over a copy thereof to counsel for the petitioner and “it will be open to the counsel for the petitioner to point out by filing the appropriate material to show if all such steps have been taken on the spot”, said the Court.
A Calcutta High Court bench comprising observed that it is the duty of the Court to protect the Constitution and its values and the principles of democracy, which has been held to be a basic structure of the Constitution.