Allahabad HC summons UP Home Secretary for failure to frame guidelines for custodial death compensation

The Allahabad High Court has summoned Uttar Pradesh Additional Chief Secretary (Home) Sanjay Prasad over State's failure to comply with an order directing it to frame guidelines for payment of compensation in custodial death cases.

Justice Saurabh Lavania said Prasad was liable to be punished in terms of Section 12 of the Contempt of Courts Act of 1971 and therefore, directed him to remain present before the Court on July 31 for further proceedings including framing of charges.

"In view of above, the above named Officer is directed to appear before this Court on 31.07.2026," the Court said in the order passed on July 24.

The Court was dealing with a contempt of court petition which alleged that the State was yet to comply with the order passed by a Division Bench on February 20.

The plea was moved by a woman whose son, a minor, died in a district prison on February 20, 2024. She also alleged that the State was yet to pay her the compensation of ₹10 lakh as ordered by the high court.

The minor was facing rape charges in a 2016 case under provisions of the Indian Penal Code (IPC) and Protection of Children under Sexual Offences (POCSO) Act. He had undergone imprisonment of about three years and ten months before he was granted bail in February 2022.

However, he was arrested on February 7, 2024, after he failed to appear before the trial court. On February 20, 2024, he hanged himself inside the prison.

It was alleged that the minor was subjected to torture by police in jail due to non-payment of illegal demands including a monthly payment of ₹4,500. The State denied the allegations and argued that there was no involvement of authorities in his death.

However, the Court ruled that the State was absolutely liable for unnatural deaths inside prisons. The Court also expressed surprise that Indian law has no express mandate for grant of compensation for unlawful detention or custodial death.

Advocates Rama Kant Dixit and Uday Kumar represented the petitioner.

[Read Order]