Arrested when minor, High Court orders release, repatriation of Bangladeshi prisoner in jail for 21 years

Calcutta High Court orders release and repatriation of Bangladeshi prisoner, jailed for 21 years since his minor arrest.

The Calcutta High Court has ordered the immediate release and repatriation of a Bangladeshi prisoner, who was a minor when apprehended for illegal entry into India and has been languishing in jail for the last 21 years.

Pointing out that the maximum punishment that can be imposed on a juvenile under the Juvenile Justice (Care and Protection of Children) Act is seven years, a division bench presided by Justice Rajasekhar Mantha on Thursday (March 5, 2026) ordered that the man, who is now 36 years old, be set free forthwith.

He has been in custody for more than 21 years since his arrest in February, 2005.

Following an enquiry conducted in respect of the juvenility of the appellant, the additional district and sessions judge, Basirhat in North 24 Parganas district, submitted a report before the division bench.

It stated that an ossification test conducted on the appellant determined his age to be 36 years at present.

The division Bench, also comprising Justice Rai Chattopadhyay, said that based on the report, the appellant was a minor as on February 8, 2005, when he was arrested.