The Calcutta High Court has held that a man was illegally detained for 60 days despite securing bail in three criminal cases and directed the West Bengal Government to pay him ₹5.36 lakh as compensation for the unlawful detention, loss of employment and mental agony.

A Division Bench of Justice Debangsu Basak and Justice Aryak Dutt held that the detention of Joy Krishna Nag alias Joy Kumar Nag alias Rohit from August 6, 2018 to October 5, 2018 was “not sanctioned by law”.

The petitioner had been implicated in three criminal cases registered at Kumargram Police Station, being Case Nos. 101/18, 103/18 and 141/18. He subsequently secured bail in all three cases and furnished the requisite sureties.

However, despite being required to be released on August 6, 2018, he remained in custody until October 5, 2018.

The State sought to justify the continued detention by referring to MR Case No. 780 of 2018, which had been initiated following an allegation that the petitioner had violated a bond requiring him to maintain peace in the locality.

The State submitted that the petitioner's custody was required for the purpose of producing him before the jurisdictional court in connection with the MR case.

The Division Bench, however, found the explanation unsatisfactory.

“On perusal of those two orders in the MR case, we are not in a position to return a finding that the writ petitioner was required to be kept in custody beyond the period of the writ petitioner furnishing his bail in the three police cases,” the Court observed.

The Bench further held that the orders passed in the MR proceedings did not require the petitioner to remain in custody.

“The plea of the State that, the custody of the writ petitioner was required for the purpose of producing the writ petitioner in respect of MR Case No.780 of 2018 is not found satisfactory. Orders passed therein did not require the writ petitioner to be kept in custody,” the Court said.

The Court accordingly held that the petitioner's detention between August 6 and October 5, 2018 was not authorised by law and that he was entitled to compensation.

The petitioner had sought ₹20 lakh as compensation, stating that he had been working as a tea garden worker and was earning approximately ₹600 per day at the time.

The Court found that there was insufficient material to sustain the claim of ₹20 lakh. It calculated the loss of earnings for the 60-day period at ₹36,000.

However, taking into account the petitioner's mental agony and the circumstances of his illegal detention, the Bench awarded an additional ₹5 lakh.

The Court therefore directed the State to pay a total compensation of ₹5.36 lakh to the petitioner within four weeks.

The writ petition was accordingly disposed of.

Case: Joy Krishna Nag @ Joy Kumar Nag @ Rohit Vs. The State of West Bengal & Ors