[Custodial Death Of Minor] High Time That Police Officials Be Sensitized To Deal With Child In Conflict With Law: Calcutta High Court

The Bench of Justice Harish Tandon and Justice Soumen Sen has also asked the Secretary to specify as to whether all the police stations have child friendly police corner with proper infrastructure and SJPUs and/or designated child welfare police officer.

Background of the Case

The Calcutta High Court on Wednesday (04^th November) took suo moto cognizance of the news reports regarding alleged custodial death of a 15-year-old boy at Mallarpur area in the Birbhum District.

Calling the incident "serious issue concurring the violation of child rights", the Calcutta High Court Bench comprising of Justice Harish Tandon and Justice Soumen Sen had stated,

"Considering the seriousness of the matter we direct the Superintendent of Police, Birbhum to file an affidavit disclosing the incident leading to arrest of the child, if the required procedure was followed under the Juvenile Justice Act, reasons for the death of the child at the police station and also the action taken by him soon after the occurrence of the incident by 11th November, 2020." (emphasis supplied)

The Affidavit of Superintendent of Police

Pursuant to the Court's order, an affidavit was filed by the Superintendent of Police, Birbhum. It revealed that on the basis of the complaint lodged on 20.10.2020 by one Ajmira Sultana alleging the theft of 17 bhori of gold ornaments and cash of Rs.1,50,000/-, the case was initiated and the minor boy was apprehended from his residence in presence of his parents at about 3.25 PM and was taken into the police station.

In the report, it was stated that a microphone set kept at the room earmarked for the child-friendly corner of the police station, which was used for daily announcement for awareness campaigning for Covid-19 in that unsuitable so-called child-friendly corner and the boy might have used the same.

Court's Observations

The Court opined that since the boy was a minor, he should have been dealt in accordance with the peripheral of the Juvenile Justice (Care and Protection of Children) Act.

The Court said,

"The report raises an alarming issue when the Superintendent of Police, Birbhum candidly admits the shabby condition of the child-friendly corner at Mallarpur P.S. Undoubtedly the boy died by hanging himself from the shower pipe of the toilet with the help of wire used for the audio system. It is unfortunate that the boy could get access to a wire of the audio system with any intention to commit suicide. This creates a serious doubt in our mind."

The Court further said,

"The suspicion gets further strengthened when the boy was unattended although he was required to be attended by a child welfare police officer. If we assume that what is stated to be correct then it is a serious lapse and a culpable negligence."

The Court observed that if the minor child had allegedly committed any offence cognizable under the Indian Penal Code he should have been treated as a child in conflict with law under the Juvenile Justice (Care and Protection of Children) Act and was required to be produced before the Juvenile Justice Board without any loss of time.

In this context, the Court said,

"There is no plausible and proper explanation offered for the detention of the child at the police station for more than six hours and due to non-functional CCTV the real state of affairs at the child-friendly police corner is unknown and kept under the carpet."

The Court also observed that there is a lack of sensitivity in the police administration in dealing with the juvenile as manifestly seen in the instant case.

"It is high time where officials of the police administration should be sensitized to deal with the minor child in conflict with law", noted the Court.

The Court further opined,

"The custodial death is one of the worst crime in a civilized society governed by the rule of law. The incident shocked the conscience of every responsible citizen more particularly the irresponsible behaviour and lack of sensitivity of the police officers who have the solemn responsibility to protect the rights of a citizen more particularly the right recognized and guaranteed for the minors in conflict with law."

Directions of the Court

The Superintendent of Police was directed to ensure that the child-friendly corner at every police station within his jurisdiction are restored or set up within a fortnight from the date and all facilities and arrangements including the deployment of SJPUs are regularised and maintained.

It was also ordered, that civil volunteer should not be permitted either to be deployed in the child-friendly corner, nor shall form part of Juvenile Justice (Care and Protection of Children) Act and it be manned by a regular SJPU as designated child welfare police officer who can be held responsible for their lapses or negligence in discharging their duties.

The Court also noted,

"On the basis of the affidavit filed before us by the Superintendent of Police, Birbhum a prima facie culpable negligence if not anything further is clearly attributable to the cause of death of the child. In the affidavit filed by the Superintendent of Police it is recorded that serious lapses have been detected of a civic volunteer as well as police officers and proceedings have been initiated against the police officers."

In this context, the Superintendent of Police, Birbhum has been asked to file a report indicating the progress made in the proceeding initiated against the police officers namely, Moloy Kumar Pal, Swapan Mal, Dhrubajyoti Datta and Brikodar Sanyal.

The matter has been listed for further hearing on 25^th November.