GUWAHATI: A division bench comprising Chief Justice Sandeep Mehta and Justice Mitali Thakuria issued an order directing the Assam government to pay Sukumar Das, who has been detained since August 24, 2022, Rs. 50,000.
According to reports, the Assam government has been ordered by the Gauhati High Court to pay Rs 50,000 in compensation to a man who was detained in preventive custody for eight months.
The individual was held under preventative custody for eight months instead of the three months permitted.
Sukumar Das's sister submitted the plea, and according to reports, the man was held in preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
Meanwhile, the petitioner had also informed the court that Das had not received an order of confirmation of the detention order.
At the most recent hearing in the matter, the court asked the Assam government whether an order authorizing Das' imprisonment for more than three months had been issued.
The Gauhati High Court on the other hand stated that, “The situation in the case at hand is alarming, to say the least, because the detenu [Sukumar Das] has been kept behind bars for a period of more than eight months without the initial detention order being confirmed.”
“Every moment of custody of the detenu beyond the period of three months…amounts to illegal detention pure and simple.” The court further stated.
The government can detain someone before they commit a crime through preventive detention. Authorities may detain a person for up to three months unless an advisory board certifies that there is "sufficient cause" for custody before the detention period expires.
According to a source, the court said, “The situation in the case at hand is alarming to say the least because the detenu has been kept behind bars for a period of more than eight months without the initial detention order being confirmed. Every moment of custody of the detenu beyond the period of three months from the date of the initial order of detention without the order of confirmation being passed, amounts to illegal detention pre and simple.”
According to Gauhati High Court order, “We further direct that the Assam State Legal Services Authority shall forthwith, seek a report from all prisons across the State of Assam regarding the status of detenues, who have been detained under the preventive detention laws, so as to find out whether any similar situation as has been noticed by this Court, prevails and to take remedial measures, if so required.”
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