MUSTTKAMALA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Custodial death of an under trial prisoner is the subject matter in the instant writ petition. Alleging violation of basic human rights available to a citizen as a consequence of which the husband of the petitioner died while in jail custody, the petitioner has prayed for adequate compensation towards compensating the loss sustained by the family members.

(2.) The husband of the petitioner was arrested in connection with Sarbhog PS Case No.39/94 (CR Case No.370/94) and he was forwarded to the Court of Judicial Magistrate, Barpeta on 9.9.1999. The learned Judicial Magistrate, Barpeta upon production before him remanded the accused, husband of the petitioner 10 Jail custody by his order dated 9.9.1999. After such remand to Jail custody and when the petitioner was at Barpeta District Jail, he died on 12.9.1999. This was reported to the learned Judicial Magistrate, Barpeta on 12.9.1999 by the Jail Superintendent, District Jail, Barpeta. An order was passed by the learned Magistrate in the aforementioned GR Case No.370/97 on 14.9.99 which is quoted below: "Seen the letter from Jail Superintendent, District Jail, Barpeta vide memo No.l444-A dated 12.9.1999. The officer concerned simply intimate that the accused Ismail Ali was found hanged by neck in a Latrine attached to Ward No.3 of the Jail at about 9.05 AM on 12.9.1999. Heard learned APP, perused the case record. Accordingly, Superintendent of Jail, Barpeta is directed to furnish death report of the UTP within 1.10.1999."

(3.) The writ petitioner has annexed a copy of the WT message dated 12.9.1999 issued by the Superintendent, District Jail, Barpeta to the Officerin-charge, Sarbhog Police Station which reads as follows: "UTP Md Ismail Ali @ Ismail Mandal, S/o Md Adip Mandal @ Glok Dewan of Vill Khudnabsi under PS and accused of CR No. 1030/90 and 2 (two) other cases died in BPTA Jail today (12.9.1999) (s) Kindly inform his relative to came to Jail to take charge of D/body after PM Examination (i) MMU (i).