Allegations In Matrimonial Disputes Must Be Specific And Supported By Foundation Facts To Avoid Abuse Of Process: Supreme Court Supreme Court Modifies Sentence To Period Already Undergone Citing Medical Condition And Expression Of Remorse Qualification Of '10+2 System' Cannot Be Equated With Other Certifications Absent An Equivalence Clause: Supreme Court Essential Qualifications In Recruitment Cannot Be Diluted Or Subject To Judicial Equivalence: Supreme Court Court Has Discretion To Decide Genuineness Of Signature By Comparison; Not Essential To Invoke Expert Opinion In All Cases: Supreme Court Civil Disputes Cannot Be Converted Into Criminal Offences To Recover Money: Supreme Court Quashes FIR Under Section 420 IPC Taxing Authorities Must Classify Goods Based On Form At Time Of Sale, Not End Use: Supreme Court Suit For Declaration Of Status Must Seek Consequential Relief To Avoid Bar Of Proviso: Allahabad High Court Illegal Detention | Police Failure To Maintain CCTV Footage Invokes Adverse Presumption Under Sec 119 BSA Against State: Allahabad High Court Section 138 NI Act | Accused Rebuts Presumption By Proving Intimation Of Misplaced Cheque To Bank And Lack Of Documentation For Alleged Settlement: Andhra Pradesh High Court Garnishee Proceedings Under CPC | Disputed Debt Cannot Be Summarily Adjudicated Without Leading Evidence: Bombay High Court Criminal Procedure (Identification) Act 2022 | Magistrate’s Power Under Section 5 To Direct DNA Profiling Is Not Conditional Upon Consent: Calcutta High Court Conviction Based On 'Assumption And Presumption' Cannot Be Sustained: Bombay High Court Acquits Husband Limitation Act | Suit For Specific Performance Must Be Filed Within Reasonable Time Even If No Date For Performance Is Fixed: Delhi High Court Enrolment As Advocate | Bar Council Must Consider 'Equivalent Qualifications' Under Rule 4(a) Rules Of Legal Education: Karnataka High Court Section 482 BNSS | Pre-Arrest Bail Is Not A Matter Of Course; Must Show Special Case For Invoking Extraordinary Jurisdiction: Kerala High Court Hindu Succession Act | A Co-parcener Cannot Alienate Entire Property; Non-Impleaded Legal Heir Not Bound By Previous Decree: Madras High Court Purchaser During Pendency Of Suit Bound By Compromise Decree, Cannot Treat It As Void In Collateral Proceedings: Punjab & Haryana High Court Order 23 Rule 1-A CPC | In Partition Suits, Defendants Asserting A Share Can Seek Transposition If Original Plaintiffs Withdraw: Patna High Court Section 69 BNS | Suppression Of Subsisting Marriage Or Live-In Relationship During Marriage Proposal Constitutes 'Deceitful Means': Kerala High Court Anticipatory Bail | Mere Apprehension Of Investigating Agency Is Insufficient To Deny Bail Without Demonstrating Necessity Of Custodial Interrogation: Telangana High Court Income Tax Evasion | Criminal Prosecution Under Section 276C IT Act Cannot Sustain Once Foundation Assessment Order Is Set Aside: Punjab & Haryana High Court

Human Rights Are Universal: Gauhati High Court Orders Compensation in Custodial Death Case

07 May 2024 8:19 AM

By: Admin


The Gauhati High Court has ruled in favor of Sona Miah in a significant case concerning the custodial death of his son, Rokibul Hussain. The bench, comprising Justices Manash Ranjan Pathak and Mitali Thakuria, directed the State of Assam to pay Rs. 3 Lakhs as compensation to the next of kin of the deceased. The court emphasized the necessity of a thorough enquiry into the incident and the accountability of police personnel in cases of custodial deaths.

The case revolves around the death of Rokibul Hussain, who was arrested while working as a truck driver transportingimber logs. Hussain was taken into custody on suspicion of illegal activities under the Assam Forest Regulation Act and later died on October 30, 2015, allegedly due to police torture while being transported from the court to the jail. Despite multiple complaints and applications for action, the respondent authorities failed to conduct a proper enquiry or provide compensation, leading to the filing of the writ petition under Article 226 of the Constitution of India.

Credibility of Post-Mortem Report: The court scrutinized the post-mortem report, which revealed injuries inconsistent with the narrative provided by the police. “The wounds found on the back and head of the deceased raise serious questions about the police’s account of an escape attempt,” noted the bench. This discrepancy led the court to suspect torture by police personnel.

Failure to Initiate Proper Enquiry: The court criticized the respondent authorities for not conducting a proper enquiry into the custodial death. Despite a complaint lodged by the deceased’s uncle and subsequent applications for action, no substantial steps were taken. The court stated, “The inaction on part of the respondent authorities is illegal, arbitrary, and violates fundamental rights.”

Referencing the Supreme Court’s decision in Re-Inhuman Conditions in 1382 Prisons vs. State of Assam (2017), the court underscored the necessity of compensating the next of kin for unnatural deaths in custody. “Human rights are universal and not dependent on the status of the person,” the court remarked, emphasizing that victims of custodial deaths deserve justice and compensation.

Justice Thakuria asserted, “The persons who suffer an unnatural death in a prison are victims, and their next of kin are entitled to compensation.” This statement reinforced the court’s stance on the state’s liability in ensuring justice for custodial deaths.

The Gauhati High Court’s decision marks a significant step towards accountability in custodial death cases. By mandating the payment of Rs. 3 Lakhs as compensation and ordering a proper verification process, the court has sent a strong message about the importance of human rights and the need for thorough investigations in such incidents. This judgment is expected to influence future cases, ensuring that the legal framework supports the victims’ families in their pursuit of justice.

Date of Decision: 21st May 2024

Sona Miah vs. The State of Assam and 3 Ors

Latest Legal News