Guwahati, Sept 23: Gauhati High Court has ordered the Assam government to provide compensation of Rs 5 lakh to the family of an individual who died under suspicious circumstances while in police custody at Jorhat Police Station.
The case came before a division bench consisting of Justice Achintya Malla Bujor Barua and Justice Mitali Thakuria in response to a writ petition filed by the deceased’s brother.
The incident occurred when Sabir Ansari, the deceased, was taken into police custody on October 19, 2021, in connection with a burglary case under Section 380 of the Indian Penal Code at the Jorhat Police Station. Shockingly, just one day later, Sabir Ansari was discovered hanging within the confines of the police station.
The family of the deceased alleged that Sabir Ansari had been subjected to torture and brutal treatment during his time in custody, which ultimately drove him to take his own life. In the wake of this tragic incident, the family demanded a thorough judicial inquiry and called for the Central Bureau of Investigation (CBI) to investigate the circumstances surrounding Sabir Ansari’s death. Additionally, they sought compensation for their irreparable loss.
Also Read: Assam-Meghalaya Border Clash: Inquiry Commission Submits Report to Government
The Gauhati High Court meticulously examined the case and highlighted several glaring facts. The court first noted that Sabir Ansari’s death was far from ordinary; it was an unnatural demise that occurred while he was under police custody. Furthermore, the court expressed its concern over the inability of the police to provide a reasonable and convincing explanation for the circumstances leading to Sabir Ansari’s death.
Drawing on legal precedents and principles of justice, the Gauhati High Court referenced a relevant recommendation from a previous judgment regarding “Re-Cruel Circumstances in 1382 Jails.” This recommendation stated that individuals who have suffered due to cruel circumstances and violations of their rights can be considered as victims. Based on this legal perspective, the court concluded that Sabir Ansari should be regarded as a victim in this case.
In light of this determination, the Gauhati High Court issued its order on September 13th. In a specific directive, the court held the State authorities responsible for the tragic and unnatural death of Sabir Ansari while in police custody. Consequently, the court directed the Assam government to provide compensation of Rs 5,00,000 (Rupees Five Lakhs) to the nearest relative of the deceased, offering solace to the grieving family and recognizing the gravity of the injustice that occurred.
The decision by the Gauhati High Court in this case serves as a pivotal moment in the pursuit of justice and accountability in custodial death cases. It underscores the importance of upholding the rights and dignity of individuals, even when they are in police custody, and emphasizes the need for transparency and accountability in law enforcement. The court’s ruling not only provides financial assistance to the victim’s family but also sets a precedent for holding authorities accountable when individuals die under unnatural circumstances while in custody.
