Kin of man who died in cop custody moves HC for compensation
Times of India | 28 November 2024
Kolkata: The family of a Nagerbazar resident, who died after being in custody for nearly nine months following his arrest by Bandel GRP in Sept 2022, has moved Calcutta High Court alleging they were not informed of his arrest and sought compensation. The deceased, Swapan Kumar Hazra (64), a canvasser of books, died on June 17, 2023. The family was informed of his death on June 18, 2023. The family alleged that despite filing a missing person complaint at Nagerbazar PS on Oct 6, 2022, they were not informed of his whereabouts.
They were informed only after he passed away on the way to SSKM Hospital from Presidency Correctional Home.
The family, represented by senior advocate Kaushik Gupta and Srimoyee Mukherjee, contended that it was a violation of D K Basu guidelines set by the Supreme Court. One of the points allegedly violated states, "Any person arrested and held in custody has the right to have a friend, relative, or someone known to them informed about their arrest and detention as soon as possible unless the witness to the arrest is such a friend or relative."
It was learnt that he was arrested on Sept 9, 2022, in connection with some agitation of railway passengers at Khanyan railway station due to the non-availability of the morning Howrah-bound trains. Subsequently, an FIR was lodged against eight persons, including Hazra. The charge sheet was submitted on Nov 30, 2022 and he was granted bail by CJM Hooghly on Sept 10, 2022, and Sept 21, 2022. But he languished in custody as he failed to furnish the bond of Rs 1,000, and it was alleged that his family was not informed.
The state on Wednesday wanted to show the records of the lower court on whether the next of kin was informed. However, Justice Tirthankar Ghosh stated that he wants to see the arrest memo and whether it has any signature of the next of kin. The matter will be heard on Jan 10.