Page No.# 1/4 GAHC010011842020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/10/2020 STUDIO NILIMA COLLABORATIVE NETWORK FOR RESEARCH AND CAPACITY BUILDING AND ANR. A NOT FOR PROFIT RESEARCH BASED ORGANIZATION HAVING ITS REGISTERED OFFICE AT C-1, DAMAYANTI MANSION, DIGHALIPUKHURI EAST, GUWAHATI-781001, REP. BY ITS CO-FOUNDER AND DIRECTOR M/S ABANTEE DUTTA, D/O SRI NILAYANANDA DUTTA, R/O 1/A DAMAYANTI MANSION, DIGHALIPHUKHURI EAST, GUWAHATI-781001 2: ABANTEE DUTTA CO-FOUNDER AND DIRECTOR STUDIO NILIMA COLLABORATIVE NETWORK FOR RESEARCH AND CAPACITY BUILDING A NOT FOR PROFIT RESEARCH BASED ORGANIZATION HAVING ITS REGISTERED OFFICE AT C-1 DAMAYANTI MANSION DIGHALIPUKHURI EAST GUWAHATI-78100 VERSUS THE STATE OF ASSAM AND 6 ORS. REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-781006, DIST. KAMRUP (M), ASSAM 2:THE SECRETARY TO THE GOVT OF ASSAM HOME AND POLITICAL DEPTT. GOVT. OF ASSAM DISPUR GUWAHATI-781006 3:THE SECRETARY TO THE GOVT OF ASSAM DEPTT. OF HEALTH AND FAMILY WELFARE GOVT. OF ASSAM DISPUR GUWAHATI-781006 Page No.# 2/4 4:THE INSPECTOR GENERAL OF PRISONS ASSAM PRISON HEADQUARTERS KHANAPARA GUWAHATI-781022 ASSAM 5:THE DEPUTY COMMISSIONER GOALPARA DIST. GOALPARA ASSAM 6:SUPERINTENDENT DISTRICT JAIL GOALPARA DIST. GOALPARA ASSAM 7:RESIDENT MEDICAL OFFICER DISTRICT JAIL GOALPARA DIST. GOALPARA ASSA Advocate for the Petitioner : , DILME R.M. MOMIN,MR D K BHATTACHARYYA,MR A ATREYA,MRS. R S CHOWDHURY,MS A BORGOHAIN,MS S SARMA HAZARIKA,MS. A PAUL Advocate for the Respondent : GA, ASSAM, SC, HEALTH BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 25.06.2026 (K.R Surana, J) Heard Mr. A. Atreya, learned counsel for the petitioners. Also heard Mr. B. Gogoi, learned Standing Counsel, Health and Family Welfare Department and Mr. P. Sarmah, learned Additional Senior Government Advocate for the State respondents. Page No.# 3/4 2. The learned Counsel for the petitioners has submitted that pursuant to order passed from time to time in this Public Interest Litigation, the Government of Assam has formulated and notified a policy for payment of compensation to the victims (prisoners), who have suffered unnatural death during the period of confinement in jails of the State. 3. The learned Counsel for the petitioners has referred to the order dated 29.01.2026, wherein the Court had recorded the submissions made by the learned Counsel for the petitioners, who had stated that the policy is prospective in nature and there was no reference with regard to the death of the prisoners, which have already been identified. 4. Having heard the learned Counsel for both sides, the Court is of the considered opinion that in view of the law well settled on the point that the Court by dint of judicial orders cannot direct a particular notification of the Government to have a retrospective effect. 5. However, the Court has been informed that there is already earlier policy in force for compensation. Therefore, in the considered opinion of the Court, if in any particular case, the family members of the deceased prisoner, who had died during custody seeks any enhanced compensation, they will have to move the Court on case to case basis for the Court to consider the prayer on the judicial side. 6. Therefore, as the State has notified the policy for compensation to the victims (prisoners), who had suffered unnatural death during the period of confinement in jails in the State, the purpose of this PIL is served. 7. However, it is left open for the family members of those prisoners who may Page No.# 4/4 have suffered unnatural death during custody to independently move the appropriate Court/Forum for a higher compensation, if so advised, and if any writ petition and/or any other applications are filed, the same shall be dealt in accordance with law. 8. Accordingly, as nothing further survives for consideration in the present Public Interest Litigation, the same stands closed. JUDGE JUDGE Comparing Assistant