The Gauhati High Court has closed a public interest litigation after directing that family members of prisoners who suffered unnatural deaths in custody may independently seek higher compensation under the state government’s compensation scheme. The bench of Justice Kalyan Rai Surana and Justice Shamima Jahan heard PIL/10/2020, filed by a not-for-profit research organisation and another petitioner, and left open the option of separate court action by affected families.
Petitioners’ counsel told the court that, following interim orders in the PIL, the Government of Assam has formulated and notified a compensation policy for prisoners who suffer unnatural deaths while confined in state jails. The counsel also referred to the court’s order dated January 29, 2026, noting that the notified policy is prospective and does not expressly cover deaths already identified.
The court observed that established law does not permit judicial orders to make a government notification retrospective. At the same time, it noted an earlier compensation policy was already in force. In light of this, the bench said families seeking enhanced compensation must approach the appropriate court or forum on a case-by-case basis for judicial consideration.
The court concluded that, since the state has notified a compensation policy for victims who died unnaturally in custody, the primary objective of the PIL has been met. It added that any writ petitions or other applications filed by families for higher compensation will be dealt with in accordance with law.
