High Court to decide case of under-trial’s death in custody
Kolkata: In a case of alleged violation of DK Basu guidelines where the family of an under-trial prisoner was informed of his demise inside custody after nine months, Calcutta High Court would decide whether an accused dying a natural death in custody, and thus becoming a victim of circumstances, is entitled to compensation. The bench of Justice Tirthankar Ghosh on Wednesday was approached by the deceased man’s wife and her brother seeking compensation.
In the case of 2022, the deceased Swapan Kumar Hazra (64) was living with his wife and daughter. Hazra was a book vendor who occasionally visited places out of station for livelihood. In the August second week, he left home for work. His wife could last contact him on the phone on September 5, 2022. She became worried as Hazra was also undergoing psychiatric treatment. Relatives and friends were contacted but there was no trace of him.
With him missing for an entire month, her brother lodged a missing complaint with Nagerbazar Police Station on October 6, 2022. However, no effective steps were allegedly taken by the police. On June 18, 2023, the police informed the family that Hazra died on the way to SSKM Hospital from Presidency Correctional Home. The family alleged violation of basic protocol while arresting the deceased and violation of Supreme Court guidelines on the same. It was learnt Hazra was twice enlarged on bail by CJM, Hooghly but allegedly languished in custody for failing to furnish the bail bond. The state’s counsel submitted Hazra was arrested by Bandel Station GRP. A report by DG Police was also submitted.
The petitioner’s counsel said Hazra was arrested along with others during a chaos at the station. However, his family was not informed. Hence, DK Basu guideline was not followed. He submitted the family is in dire straits and needs compensation.
The DK Basu guidelines are a set of guidelines laid down by the Supreme Court of India in the 1997 case D.K. Basu vs. State of West Bengal. One of the guidelines states that the arrestee’s family or a known person must be informed of the arrest as soon as possible.
