In a landmark judgment, the Gauhati High Court ordered the Assam government to pay a remuneration of Rs 5 lakh to the family of a man who died under suspicious circumstances while in police custody at Jorhat Police Station.
The case was brought before a division seat comprising Justice Achintya Malla Bujor Barua and Justice Mitali Thakuria in light of a writ petition filed by the deceased's brother
The incident took place when the deceased Sabir Ansari was taken into police custody on October 19, 2021, regarding a burglary case under Section 380 of the Indian Penal Code at the Jorhat Police Station. Shockingly, just one day later, Sabir Ansari was found hanging within the confines of the police station.
The family of the deceased asserted that Sabir Ansari had been exposed to torture and brutal treatment during his time in custody, eventually prompting him to take the drastic step. In light of this unfortunate incident, the family demanded a thorough judicial inquiry and called for the Central Bureau of Investigation (CBI) to conduct an investigation into the circumstances surrounding Sabir Ansari's death. Additionally, they sought compensation for their irreparable loss.
The Gauhati High Court fastidiously analyzed the case and mentioned a few basic observable facts. The court, right off the bat, noticed that the passing of Sabir Ansari was not even close to normal; it was an unnatural passing that happened while he was under police guardianship. Moreover, the court communicated its anxiety over the powerlessness of the police to give a good and persuading clarification for the conditions prompting Sabir Ansari's passing.
Drawing upon lawful points of reference and the standards of equity, the Gauhati High Court refered to a relevant suggestion from the Hon'ble High Court. It alluded to section 55 of a judgment on account of "Re-Cruel Circumstances in 1382 Jails," which places that people who have experienced because of barbaric circumstances and infringement of their privileges can be considered as casualties. Considering this legitimate point of view, the court presumed that Sabir Ansari ought to be viewed as a casualty for this situation.
In light of this end, the Gauhati High Court gave its organization dated September thirteenth. In a specific order, the court considered the State specialists liable for the grievous and unnatural passing of Sabir Ansari while in police guardianship. Thus, the court requested the Assam government to pay a remuneration of Rs 5,00,000 (Rupees Five Lakhs) to the closest relative of the departed, giving a comfort to the lamenting family and perceiving the gravity of the unfairness that happened. Gauhati High Court's choice for this situation fills in as a crucial second chasing equity and responsibility in custodial demise cases. It highlights the significance of defending the privileges and pride of people, in any event, when they are in police authority, and features the requirement for straightforwardness and responsibility in policing. The court's decision not just gives monetary help to the casualty's family yet additionally starts a trend for considering specialists responsible when people bite the dust under unnatural conditions while in care.
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