Nigerian stranded in jail

NEW DELHI: A Nigerian national has been languishing in Tihar Jail for over two weeks because the Central Bureau of Investigation (CBI) failed get his judicial remand extended.
Vincent Nicholas Ikumalu, accused in a cheating case, was at the receiving end of CBI's callousness without even knowing that he had been wronged.
Legal experts say it appears to be a case of human rights' violation and if the victim feels he could even seek compensation for his "illegal stay in jail."
Giving a dressing down to CBI officials for the lapse, chief metropolitan magistrate Reena Singh Nag has directed them to bring the matter to the notice of its director U S Misra so that such mistakes are not repeated in future.
The court had sent Ikumalu to judicial remand till August 28 but since then the investigating agency has not moved any application for extension of his judicial custody.
Advocate K K Manan said Ikumalu's stay in jail is illegal. "Without an order of an authorised judge the accused's detention should be considered illegal," he said.
Lawyer Kumar Benkatesh said the accused, if he desired, could even seek compensation for the allegedly illegal confinement. "There have been precedents in which relief has been given to those whose freedom was illegally curtailed."
Advocate S P Kaushal said: "There is every possibility that the accused himself is unaware that he has been wronged. There is no way that an investigating agency can go against the import of section 167 CrPC and take for granted his judicial custody," he said.
"Accused such as the one in this case, can demand release on personal bonds ��� not even bail bonds ��� as the investigating agency has made no request for his extension of judicial custody," Kaushal said.
In a similar case, the Delhi Police was pulled up for not moving any application for extension of the judicial remand of an accused who is lodged in Tihar since November last.
The chief metropolitan magistrate directed DCP (central) to file a report in connection with the over-stay of Ravinder who was accused of attempt for culpable homicide.
"Either the investigating officer is ignorant of law or has done this deliberately," the court said.
The police faux pas came to light after the jail superintendant wrote a letter to bring the matter to the court's knowledge.