HIGH COURT OF TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This public interest petition suo motu registered by the High Court arises out of a judgment of the Supreme Court in case of RE-INHUMAN CONDITIONS IN 1382 PRISONS dated 15.09.2017. In the said judgment, the Supreme Court has dealt at lengths on various aspects concerning the conditions of jail inmates in the country. Question of compensation for unnatural deaths in custody has been discussed with reference to past judgments. A distinction has also been drawn between such unnatural deaths being suicidal and homicidal. As a culmination of such discussion, series of directions were issued in the said decision, relevant portion of which reads as under:

(2.) In this public interest petition, the Court is examining the cases of deaths in various jails of the State after the year 2012. The respondents have stated that since the year 2012 in all four persons had died while in custody. In the order dated 17.12.2019, the Court had directed the respondents to file affidavit giving details of such persons, the circumstances under which the deaths took place, the amount of compensation, if any, paid to the relatives of the victims as also to give the details in case no compensation has been paid so far. Pursuant to such directions, an affidavit dated 13.01.2020 is filed by Shri Rajat Kumar Debbarma, Deputy Secretary to the Government of Tripura, Department of Home in which he has pointed out that for the two deaths due to natural causes, Human Rights Commission had recommended compensation of Rs.25,000/-, Rs.1,00,000/- respectively. However, in case of the prisoner Kanulal Ghosh, no relative has come forward to claim such compensation amount and the same is, therefore, lying with the State Government. In case of Jatindra Das, convict, amount of Rs.1,00,000/- is already paid over to the legal heirs of the deceased.

(3.) With respect to the other two cases of deaths, it is pointed out that one Premananda Biswas, a convict died due to Asphyxia by hanging on 19.12.2015 at AGMC and GBP Hospital, Agartala. In another case, one Chikan Debbarma also a convict died due to Asphyxia by hanging on 09.08.2017. It is stated that no compensation in these cases is paid to the heirs of the victims.