HAFIJA LASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Learned counsel for the petitioner submits that the petitioner was acquitted in connection with a criminal case initiated against him. It is further contended that the custody of the petitioner has continued since 2008. It is submitted that there were subsequent cases initiated against the petitioner on criminal complaints being lodged. However, it is contended that since the petitioner was all along in custody, there was no scope of the petitioner committing such alleged offences.

(2.) Be that as it may, it is submitted that the petitioner is suffering from custodial torture. By way of corroboration of such apprehension, learned counsel submits that one of the accused persons in another case, in connection with which the petitioner was taken in custody as well, suffered from custodial torture. As such, it is anticipated that the petitioner might also be undergoing custodial torture.

(3.) Learned counsel for the State contends that the petitioner has fled from custody while being taken to the police remand as per direction of the concerned Court.