Md. Nayan Gazi to be Released and Repatriated to Bangladesh; Determined to be a Minor at the Time of Crime
In a landmark judgment, the Calcutta High Court has ordered the immediate release of Md. Nayan Gazi, who has been in custody for over 21 years. The court's decision came after it was determined that Gazi was a minor at the time of the crime he was accused of committing in 2005. The bench, comprising Justices Rajasekhar Mantha and Rai Chattopadhyay, pronounced the verdict on March 5, 2026, emphasizing the provisions of the Juvenile Justice (Care and Protection of Children) Act.
Md. Nayan Gazi, alongside others, was implicated in a criminal case dating back to February 8, 2005. A recent ossification test revealed that Gazi was approximately 36 years old at the time of the test, confirming that he was a juvenile when the incident occurred. The court highlighted that the maximum punishment under the Juvenile Justice Act for a minor is seven years, a term which Gazi has significantly surpassed, having been incarcerated for more than two decades.
The judgment further directs the State to initiate repatriation efforts for Gazi, ensuring his safe return to his homeland, Bangladesh. This decision underscores the court's commitment to upholding the rights of juveniles and adhering to the statutory limitations prescribed by the Juvenile Justice Act.
The bench expressed its satisfaction with the Additional District & Sessions Judge, Basirhat, North 24-Parganas, for conducting a thorough inquiry into Gazi's age, which was pivotal in reaching this verdict. The court's decision is a significant reminder of the importance of timely and accurate age determination in cases involving juveniles.
While Gazi is set to be released forthwith, the court will continue proceedings regarding his co-appellant, Md. Rabiul Islam Gazi, with further hearings scheduled in two weeks.
The release of Md. Nayan Gazi not only brings relief to his family but also sets a precedent for similar cases, emphasizing the judiciary's role in protecting juvenile rights and ensuring justice is served in accordance with the law.
Bottom Line:
Juvenile Justice - Convict determined to be a juvenile at the time of the incident - Maximum punishment under Juvenile Justice Act already undergone - Convict to be set at liberty forthwith and repatriation efforts to be made for his return to Bangladesh.
Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act
Md. Nayan Gazi v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc id # 2862792
