Kolkata, Sept. 8 -- The Calcutta High Court has directed the Bengal government to pay interim compensation to the family of a man who died in the custody of the Excise department, holding the state accountable for the loss of life that occurred while the victim was in official detention.

A Division Bench of Justices Debangsu Basak and Md Shabbar Rashidi passed the order while hearing an appeal by Salim Molla, son of the deceased. His father, Gafur Molla, was picked up by Excise officials on August 28, 2023 and kept at the Balarampur Excise Camp without being formally arrested or produced before a magistrate. He died in custody on September 2, 2023.

In his petition, Salim had sought registration of an FIR over the custodial death, payment of compensation and departmental action against the officers concerned. He had alleged that his father was subjected to custodial torture after being illegally detained and that officials attempted to cover up the circumstances leading to his death. A single judge had earlier dismissed the plea for compensation on April 21, 2025, observing that it was premature at a stage when only the charge-sheet had been filed.

Disagreeing with that view, the division bench said the materials on record prima facie pointed to illegal detention and custodial torture. It underlined that the right to life is sacrosanct and that the State bears strict responsibility when a person dies in its custody. The judges stressed that waiting for a criminal trial to conclude would leave the family remediless for years and undermine the very purpose of constitutional protections.

The Bench directed the government to release compensation as an interim measure, clarifying that it would not affect the outcome of criminal or departmental proceedings. It further ordered that the investigation into the death be carried out independently under judicial supervision, stressing that the probe could not remain with the department whose personnel were accused.

The court also directed the state to initiate departmental action against the concerned officials. It added that the family was free to pursue prosecution separately, even as compensation was granted.

Published by HT Digital Content Services with permission from Millennium Post.