'Depressed' CCL Dies By Suicide In JJ Home| 'Incident Unsettled Us To The Core': Calcutta HC Seeks Accountability Of Authorities

The Calcutta High Court on Friday took note of an incident wherein a child in conflict with law (CCL), whose bail plea was pending before the High Court in connection with an NDPS Act, died by suicide saying that the incident unsettled it to the core. 

Observing that CCL can't be reduced to a mere static, the bench of Justice Moushumi Bhattacharya and Justice Siddhartha Roy Chowdhury made the following observations:

"We believe that Judges, Judicial Officers, prosecutors, defence counsel, law enforcement agencies and all those who set the wheels of justice in motion and keep it in momentum should be jolted out of their complacency and let their conscience and compassion take over...Even a drop in the ocean may lead to a difference by building a wave of corrective action which one day will turn the tide towards what needs and should be done with immediacy and best intentions."

Importantly, the Court also added that we cannot continue to enjoy the power and privileges of our position without being sensitized to the loss of humanity and the anguish of the common man.

With this, the Court sought individual Reports from the authorities associated with the case (Special Court, NDPS, Cooch Behar, Public Prosecutor, defence counsel, Investigating Officer, Inspector In-charge and Superintendent, Korok Children Home for Boys) explaining their conduct and specifying their accountability in the matter.

In its order, after perusing the entire records of the case, the Court was prompted to make the following pressing observation:

"The fact of the petitioner/CCL taking his own life while the Court was considering his prayer for bail woke us up from our judicial stupor. The incident unsettled us to the core. The records produced, which shall be elaborated upon later, show an indifferent and impersonal justice system which is symbolic of a systemic failure in the way in which people without money, position or clout are treated. The petitioner represents a class of persons who are left to rot in the margins of society with self-serving priorities."

Further, taking into account the plight of the mother of the CCL, the Court said that she was the victim of an inert justice system where none of the stakeholders take responsibility of the reasons for the rot.

The case in brief

The case before the Court was essential of one Labu Islam, who had moved the High Court seeking bail and who died by suicide in the JJ Home for Boys (where he was kept) allegedly because he was depressed due to the rejection of his bail in the NDPS Act by the court below.

Taking note of the Records of the case, the Court noted that the case came up before the Juvenile Justice Board, Cooch Behar, which transferred the same to the District and Sessions Judge, NDPS Court, Cooch Behar (in September 2021) by opining that though he was 17 years of age, he should be tried as an Adult.

However, the Court noted, before deciding that the CCL must be tried as an adult, JJ Board did not make any preliminary assessment as was required as per Section 15 of the Juvenile Justice Act and he was simply sent to the NDPS Court in a mechanical manner without due application of mind.

The Court further noted that before the NDPS Court, countless adjournments were taken due to the reason that the lawyers were on strike or the presiding officer was on leave. The Court also noted that though charges were framed in the matter, there was no substantial progress in the trial.

Against this backdrop of the records of the case, as noted by the HC, it proceeded to specify the authorities/persons who were parties to the case and had a duty to ensure its progress:

1) The Special Court, NDPS, Cooch Behar which failed to take corrective measures against those responsible for adjournments and failing to produce witnesses.

2) The Public Prosecutor who had a duty and was under a statutory obligation to initiate the trial by producing witnesses and ensuring their presence on the designated days.

3) The defence counsel appearing for the deceased / CCL who remained inert despite the deceased being produced in Court on at least 4 occasions. The orders record “no bail prayer is made” and then mechanically proceed to adjourn the case and remand the CCL to the Home.

4) The Investigating Officer who failed to set the wheels of justice in motion by ensuring the presence of witnesses for the prosecution. The orders show that the IO failed to discharge his duty to apprise the Court with regard to the status of the investigation.

5) The Inspector In-charge, Kotwali Police Station, Jalpaiguri was unable to show any inquiry or Investigation pursuant to the death of the deceased. There is no record to show that the jurisdictional Police Station took immediate steps to enquire into the matter on being informed of the incident on 15.12.2022. 

6) The Superintendent, Korok Children Home for Boys, Jalpaiguri who failed to put in adequate safeguards to check incidents of this nature namely, suicides and other acts of violence to self and others.

The Court perused the letter written by the Superintendent to the Additional Public Prosecutor, Circuit Bench at Jalpaiguri recording that the petitioner died by suicide by hanging himself from the hook of the ceiling fan of the room as he was depressed after being informed of the rejection of bail.

"The incidents show that the home not only lacked sufficient safeguards for preventing suicides and acts of self-harm as well as the absence of mental and psychological assistive measures for children in need of such intervention. The letter indicates that there was no system of the Superintendent or the person in-charge of the Home receiving information of children who are in a depressed state of mind and need psychological guidance," the Court further added as it stressed that the life of CCL could have been saved if the Home had these safeguards in place.

Consequently, the Court directed each of the parties mentioned in points 1-6 to file individual Reports explaining their conduct and specify their accountability in the matter within 2 weeks. 

The Court also requested the District Magistrate, Jalpaiguri, to also file a report on the incident before the Next Circuit Bench taking into account the observations made in the order and to make an appropriate intervention in respect of the family members of the deceased, particularly his mother.

The matter was thus listed before the next Circuit Bench at Jalpaiguri.

Case title - Labu Islam vs. State of West Bengal

Case Citation: 2023 LiveLaw (Cal) 7

Click Here To Read/Download Order