Gauhati High Court Asks State If It Would Pay Compensation U/S 357A CrPC To Kin For Unnatural Death Of Prisoners In Custody

The Gauhati High Court on Thursday directed the Assam government to clarify whether it proposes to grant compensation to the kith and kin of prisoners who died unnaturally in custody, by treating them to be victims as defined under Section 357A of CrPC.

The division bench of the Chief Justice Sandeep Mehta and Justice Arun Dev Choudhury was hearing a PIL filed by Studio Nilima Collaborative Network for Research and Capacity Building in 2020 with regard to the increasing number of death of inmates who have been declared as foreign nationals particularly in the District Jail, Goalpara.

On March 23, the Court had directed the Advocate General of Assam to apprise the Court whether Magisterial enquiries under Section 176 CrPC were held in the cases involving deaths of prisoners in custody.

On July 20, the Court was informed that only in 1 out of 31 cases of death in custody, enquiry was held by a Judicial Magistrate and only in one case, the IG (Prisons), Assam has granted compensation to the family members.

The Counsel appearing for the petitioner pointed out that 13 out of 31 deaths took place in the jail at Goalpara.

“Learned Government counsel shall also take instructions of this peculiar circumstance as emerging from record,” the Court ordered.

The matter is listed again on July 25.

Case Title: Studio Nilima Collaborative Network for Research and Capacity Building & Anr. v. The State of Assam & 6 Ors.

Coram: The Chief Justice Sandeep Mehta and Justice Arun Dev Choudhury

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