Staff Reporter
Guwahati: The Gauhati High Court, while issuing directions in a public interest litigation (PIL), left it open for the family members of those prisoners who may have suffered unnatural death during custody to independently move the appropriate court or forum for a higher compensation under the state government’s compensation scheme.
The ruling was made by the bench of Justice Kalyan Rai Surana and Justice Shamima Jahan while hearing PIL/10/2020, filed by a not-for-profit research-based organisation and another petitioner.
The petitioners’ counsel submitted that, pursuant to orders passed from time to time in this PIL, the Government of Assam has formulated and notified a policy for payment of compensation to the victims (prisoners) who have suffered unnatural death during the period of confinement in jails of the state.
The counsel referred to the order dated January 29, 2026, wherein the Court had recorded the submissions of the counsel for the petitioners, who stated that the compensation policy is prospective in nature and there was no reference with regard to the death of the prisoners which had already been identified.
The court, having heard the counsel of both sides, was of the considered opinion that in view of the law well-settled on the point that the court, by dint of judicial orders, cannot direct a particular notification of the government to have a retrospective effect.
However, the court learned that there is already an earlier policy in force for compensation. Therefore, in the considered opinion of the court, if in any particular case, the family members of the deceased prisoner, who had died during custody, seek any enhanced compensation, they will have to move the court on a case-to-case basis for the court to consider the prayer on the judicial side.
Therefore, the court observed that as the state has notified the policy for compensation to the victims, the prisoners who had suffered unnatural death during the period of confinement in jails in the state, the purpose of this PIL is served.
So, the court ruled, “However, it is left open for the family members of those prisoners who may have suffered unnatural death during custody to independently move the appropriate Court/Forum for a higher compensation, if so advised, and if any writ petition and/or any other applications are filed, the same shall be dealt in accordance with law.”
The court, accordingly, closed the PIL with the above observation.
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