Cal HC rejects compensation plea in custodial death

Kolkata: The Calcutta High Court has dismissed an appeal seeking compensation for the custodial death of a man allegedly picked up by excise officials, upholding a single judge’s earlier refusal to grant interim relief.

A Division Bench of Justices Debangsu Basak and Md Shabbar Rashidi affirmed the April 21 order that had declined compensation in the case of Gafur Molla, who died on September 2, 2023.

His son, Salim Molla, had petitioned for an FIR, compensation and departmental action, claiming his father was illegally detained at Balarampur Excise Camp and subjected to custodial torture.

The single judge had ruled that with a chargesheet filed and trial pending, it was not appropriate to order compensation before the criminal process was complete.

The Division Bench agreed, pointing to the West Bengal Correctional Services Prisoners (Unnatural Death Compensation) Scheme, 2019, which requires proof of unnatural death.

Referring to a medical board report, the court noted that although injuries were found on the

deceased, they were not sufficient to cause death on their own.

The board said Molla had pre-existing heart disease and the injuries could have triggered complications but a direct causal link was not established.

“In order to be entitled to compensation… the beneficiary must demonstrate that the deceased died an unnatural death. Simply, any death in detention does not qualify,” the court said while dismissing the appeal without costs.