The Jharkhand High Court directed the state government to pay a compensation of Rs 5 lakh to the widow of the deceased, who died in police custody and observed that compensation is mandatory in cases of custodial death and award of compensation is a remedy available under public law based on strict liability for contravention of fundamental rights to which the principle of sovereign immunity does not apply.
Brief Facts:
The deceased was implicated in a case related to protests against heavy blasting in mines which had caused damage to his house and other houses in the locality. The body of the deceased was then found only in his undergarments in Ghanuadih Joria with multiple injuries and his shirt was found in the lockup of the police station.
The petition was filed by the wife of the deceased claiming compensation from the state for herself and her minor children.
Contentions of the Applicant:
The learned counsel appearing for the petitioner contended that the judicial inquiry held that the deceased was found in a police lockup which suggested that the case was that of custodial death. It was further argued that the state government had transferred the case to CID to save the police officials and thus further investigation should be handed over to any independent agency and the petitioners should be provided with fair compensation.
Contentions of the Respondent:
The learned counsel appearing for the state contended that the case was initially investigated by the police but was handed over to CID after ADG od CID in his review opined that the case was suspicious and required investigation by CID. It was further contended that CID after inquiry and other tests disclosed that there was a lack of evidence and the police officials were thud exonerated and the court should thus not interfere in the matter at this stage.
Observations of the Court:
The court observed that there was a violation of the life and liberty of the deceased and if such a violation is proved then the court cannot be a mute spectator accordingly, the state has to read into all public safety statutes since the prime object of public safety legislation is to protect the individual and compensate him for loss suffered.
The court further observed that compensation is mandatory in cases of custodial death and award of compensation is a remedy available under public law based on strict liability for contravention of fundamental rights to which the principle of sovereign immunity does not apply.
The court further stated that the present case was a proven case of police brutality and although the CID submitted the report exonerating the police officials, the police headquarters did not proceed against the erring police officials departmentally and the parameters of criminal proceedings and departmental proceedings are based on different facts and circumstances.
The decision of the Court:
The court directed the Director General of Police to start departmental proceedings against the accused policemen and concluded that the state is bound to pay a sum of Rs. 5,00,000 as compensation for the violation of human rights as death occurred in police custody by the torture of the accused.
Case Title: Babita Devi and Ors. vs. State of Jharkhand and Ors.
Coram: Hon’ble Mr. Justice Sanjay Kumar Dwivedi
Case No.: W.P.(Cr.) No. 48 of 2017
Advocate for the Applicant: Mr. Shadab Ansari
Advocate for the Respondent: Mr. Ravi Kerketta
Read Judgment @LatestLaws.com
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