Calcutta High Court Takes Suo Moto Cognizance Of Media Reports Regarding Alleged Custodial Death Of A 15 Yr Old Boy In Birbhum [Read Order]

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 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 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)

Notably, the order by the Calcutta High Court states that,

"The matter is listed in view of news published in some of the leading English and Bengali dailies namely, The Indian Express (Kolkata Edition), The Hindu (Kolkata Edition), The Times of India (Kolkata Edition) and the Bengali daily "Anandabazar Patrika" all dated October 31, 2020 publishing news regarding alleged custodial death of a 15-year-old boy at Mallarpur area in the Birbhum District."

According to a report by 'The Indian Express', a 15-Year-Old Boy, who police claimed was detained in connection with theft cases, was found dead inside the toilet of the police station in Mallarpur of Birbhum on Thursday night. Primary investigation indicated that the boy hanged himself, the police claimed.

"It raises a serious issue concurring the violation of child rights and procedure to be followed by the police where a child is in conflict with law", the Court noted.

The Court also observed that the West Bengal Commission for Protection of Child Rights (WBCPCR) has taken cognizance of the said incident (quoting a report by TOI).

It may be noted that in May 2020, the Patna High Court had taken suo moto cognizance of the harrowing video of a toddler trying to wake up his dead mother at the Muzaffarpur Railway Station in Bihar.

In June 2020, the Tripura High Court had registered a Suo Motu Writ Petition taking cognizance of a news report that a minor girl aged about 14 years, a native of North Tripura, Unakoti District, was sold to a family in Rajasthan due to abject poverty of her family