The Gauhati High Court has directed the Assam government to pay Rs 25 lakh compensation to the widow of a businessman who was allegedly abducted, tortured, and killed in police custody. A Division Bench comprising Justice Kalyan Rai Surana and Justice Shamima Jahan ordered the state to pay an additional Rs 20 lakh on top of the Rs 5 lakh already provided as interim relief to the victim's family.
Case Background
The case pertains to the alleged custodial death of businessman Santosh Hojai in Assam in 2020. According to allegations presented before the court, police personnel abducted Hojai, illegally detained him, and subjected him to brutal torture, which ultimately led to his death. The accused officials are said to have buried the body in an attempt to conceal the crime.
Legal Proceedings
The widow approached the high court seeking compensation for the violation of her husband's fundamental rights under Article 21 of the Constitution, as per a report by LiveLaw. The court noted that although chargesheets had been filed against the accused police personnel, the criminal trial was still pending.
Rejecting the argument that compensation should wait until the completion of the trial, the high court stated that constitutional courts can award compensation in custodial death cases under public law jurisdiction, independent of criminal proceedings. The bench further observed that nearly six years had passed since the death, and the victim's family had continued to suffer financial and emotional hardship.
Court Observations
The court made strong observations regarding the alleged conduct of the police officials, noting that the victim had been taken into custody without following due process of law. According to the high court, the allegations disclosed a serious violation of the victim's constitutional rights. The bench further noted that the accused police personnel had allegedly not only abducted and tortured the businessman but also disposed of the body by burying it.
The high court held that such allegations, if true, reflected a grave abuse of state power and warranted compensation under constitutional remedies meant to address violations of fundamental rights. At the same time, the court clarified that the compensation awarded was palliative in nature and would not affect the ongoing criminal prosecution against the accused officials.
Recovery from Erring Officials
Importantly, the bench granted liberty to the state government to recover the compensation amount from the erring officials if they are ultimately found guilty during the trial.
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