Joy Krishna Nag to Receive ?5.36 Lakh for Unlawful Custody and Mental Agony
In a significant judgment, the Calcutta High Court has directed the State of West Bengal to compensate Joy Krishna Nag, also known as Joy Kumar Nag or Rohit, with ?5.36 lakh for his illegal detention. The division bench comprising Justices Debangsu Basak and Aryak Dutt delivered the verdict on October 5, 2026, in response to a habeas corpus petition filed by Nag, who was unlawfully detained from August 6, 2018, to October 5, 2018.
Nag, a tea garden worker earning approximately Rs. 600 per day, was involved in three criminal cases for which he had secured bail. Despite furnishing the necessary sureties, he was not released from custody. The State justified the continued detention by citing an MR Case No. 780 of 2018, alleging that Nag's presence in custody was required. However, upon reviewing the orders related to the MR case, the court found no legal basis for his continued confinement.
The court recognized the unjust nature of the detention, which resulted in loss of wages and mental distress for Nag. Although Nag initially claimed Rs. 20 lakh in compensation, the court assessed the loss of wages over the 60-day detention period at ?36,000. Additionally, the court awarded Rs. 5 lakh for mental agony and the hardship suffered due to the illegal detention, bringing the total compensation to Rs. 5.36 lakh. The State has been ordered to disburse the compensation within four weeks.
This judgment underscores the judiciary's role in safeguarding individual liberties and holding authorities accountable for unlawful actions. It serves as a reminder of the fundamental right to liberty, enshrined in the Indian Constitution, and the legal recourse available to citizens in cases of state overreach.
Bottom Line :
Habeas corpus - Illegal detention after grant of bail in all criminal cases - State failed to justify continued custody on basis of MR case - Detention held unsanctioned by law - Compensation awarded for loss of wages and mental agony.
Statutory provision(s): Article 226 of the Constitution of India, 1950
