Court order after age verification
The Calcutta High Court has directed the immediate release of a Bangladeshi national who was arrested in 2005 for allegedly entering West Bengal illegally and has remained in custody for about 21 years.
Arrested as a minor
Police had detained him when he was 15 and placed him in a juvenile reform facility. He later approached the High Court seeking to be freed from the case.
Ossification test confirms age
During the hearing, the High Court asked a district court to conduct an ossification test to determine his age. The report confirmed he was 15 at the time of arrest and is now 36.
Maximum punishment exceeded
After reviewing the report, the judges noted that under the Juvenile Justice (Care and Protection of Children) Act, the maximum punishment that can be imposed on a juvenile is seven years. Since he had already spent 21 years in custody, the court ordered his release and asked the government to initiate steps to send him back to Bangladesh.
