27 Year Old Victim Custodial Death The Order Of ₹10 Lakh Compensation For Family Members: Tripura HC

D.D: 22 June 2022

Tripura High Court ordered the state government to pay Rs 10 lakh in compensation to the family members of Jamal Hossain, who allegedly died as a result of police lockup torture.

The bench of Chief Justice Indrajit Mahanty and Justice Satya Gopal Chattopadhyay ruled that the deceased's widow, children, and mother are entitled to an equal portion of the compensation.

Jamal Hossain (Victim), who was 27 years old and working as a Cleaner in Dubai, returned home in September 2021 to spend his vacation with his mother, wife, and children.

He was scheduled to return to Dubai on September 22, 2021; however, on September 14, 2021, at approximately 11.30 p.m., a police team consisting of 6/7 officers arrived at his home, apprehended him, and began beating him before taking him to the police station.

The next day, Hossain's family was informed that he had died in the jail.

According to allegations, Jamal Hossain, who was in perfect health prior to his arrest, died in police custody a few hours after his arrest due to torture. The deceased's wife also filed a written FIR under Sections 304 and 34 of the Indian Penal Code.

Petitioning the court with the instant writ petition, the petitioners demanded Rs. 50 lakhs in compensation and appropriate action against those responsible for Jamal Hossain's death.

The judge's observations

The court considered the statements made by the victim's wife in the FIR that was filed immediately following her husband's death in police custody. The Court also noted that a magistrate's investigation into the incident concluded that the Victim was discovered dead in the cell.

The court also considered the statement made by Ranjit Debnath, who was in the same lockup as deceased Jamal Hossain as an accused in another case, during the magisterial investigation.

He reported hearing the victim's loud, agonising screams when he was brought to the police station. He further stated that Jamal continued to cry for an extended period of time. He complained of severe chest discomfort.

When he awoke in the morning, he observed that the Sentry guard was attempting to rouse Jamal, but he did not respond. The police officers then entered the lockup. After some time, he learned that Jamal Hossain had passed away.

Taking into account the facts and circumstances, the court concluded that the deceased's alleged torture in custody cannot be ruled out. The court also noted that the decedent's mother and wife were present when Jamal Hossain was arrested, and that they had made categorical statements implicating police personnel.

"In light of the highly suspicious facts and circumstances of the case, the allegation of custodial violence against the deceased cannot be disregarded. Having said that, we believe it would not be inappropriate to award the petitioners a reasonable amount of monetary compensation for Jamal Hossain's death in police custody "The Court remarked further.

Accordingly, the Court ordered the state respondents to pay Rs 10 lakhs as compensation to the petitioners for Jamal Hossain's death in custody by depositing the sum with the Registry of this Court within four weeks.

Rasheda Khatun and others

v/s.

State of Tripura and others