Kolkata, Oct. 6 -- The Calcutta High Court has awarded Rs 5.36 lakh to a tea garden worker who remained in custody for 60 days despite securing bail in three criminal cases, holding that his detention during the period was not sanctioned by law.
A division bench of Justice Debangsu Basak and Justice Aryak Dutt was hearing a habeas corpus petition filed by Joy Krishna Nag.
Nag had secured bail in three cases registered at Kumargram police station and furnished the required sureties.
He was required to be released on August 6, 2018, but remained in custody until October 5.
The state sought to explain the continued detention by referring to a separate proceeding arising from an allegation that Nag had violated a bond executed to
ensure that he did not cause a breach of peace in the locality.
The state contended that his custody was required for his production before the jurisdictional court.
The bench, however, examined the orders passed in that proceeding and found that they did not require Nag to remain in custody.
It held that the detention between August 6 and October 5 was not sanctioned by law,
making him entitled to compensation.
Nag had sought Rs 20 lakh, citing loss of employment, mental agony and harassment.
The court noted that he earned about Rs 600 a day as a tea garden worker. For 60 days, it calculated his loss of earnings at Rs 36,000 and awarded another Rs 5 lakh for his mental agony and plight.
Published by HT Digital Content Services with permission from Millennium Post.