THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
Taken Up Writ Petition No.980 of 2012
ORDER: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ petition is a taken up matter, on the basis of
a Letter addressed to the Chief Justice by one Smt. Vijaya Lakshmi
dated 20.12.2011, in respect of death in judicial custody at Central
Prison, Cherlapally, Ranga Reddy District, Andhra Pradesh (now
Telangana State).
As per the facts stated in the Letter, her son, Vishal Singh, on
08.12.2011
was arrested by the Excise Enforcement Constables and he was later on sent to jail. However, he was subjected to torture and thereafter, he expired in Gandhi Hospital. Thus, a very detailed Letter was written by her levelling allegations against police and excise officials. This court, while admitting the writ petition on 19.01.2012, directed the Commissioner, Prohibition and Excise and the Superintendent, Central Prison, Cherlapally, Ranga Reddy District, to file separate reports before this court giving their version of the matter. Thereafter, the matter was listed on 16.11.2021, nearly almost after nine years. Unfortunately, neither the author of the Letter, who is the mother of the deceased, nor the Registry of this court took steps for getting the matter listed at an early date. The matter is listed today and there is a detailed reply filed by the State Government in the matter.
The counter affidavit filed by the State Government reveals that Vishal Singh, S/o Raj Pal Singh was admitted in Central Prison, Cherlapalli, on 09.12.2011 in respect of Crime No.1783 of 2011-12 of P.S. Excise Dhoolpet, Hyderabad, for offence under Section 7(A) read 2 with 8E of the A.P. Prohibition Act, 1995. On 09.12.2011, the Excise Police Constables admitted the said remand prisoner in jail. A health check up was carried out and the documents reveal that the prisoner himself answered that he is healthy and he does not have any health issues. He also handed over a sum of Rs.30/- to the prison authorities. On 10.12.2011, the prisoner complained about his illness to the barrack in-charge and on the same day, he was sent to prison's hospital. He was examined by the Doctor and it was found that he was suffering from abdominal pain, pain in right shoulder and some other ailments. The treatment was started, no abnormality was detected and his pulse rate was 110/70. The hospital authorities also started his treatment and on 12.12.2011, the patient became semi-conscious. He was sent to Gandhi Hospital, Secunderabad. He was given treatment by the specialists. However, unfortunately, he expired and the reason assigned by the Doctor was Cardio Respiratory Failure. A case was registered vide F.I.R.No.735 of 2011, under Section 176 of Cr.P.C. Post Mortem was carried out and videography was also done. Inquest was recorded by the Revenue Divisional Officer, Secunderabad on 13.12.2011. At the relevant point of time, the father of the deceased was also present and the body was handed over to the family of the deceased on 13.12.2011. It has further been pointed out that a case was registered at the behest of the family members by the National Human Rights Commission, New Delhi, vide case No.12/1/18/2012- JCD dated 16.05.2012, and the State of Telangana has submitted all relevant papers to the National Human Rights Commission. The National Human Rights Commission has closed the case by stating that "The State Authorities have submitted the requisite reports. Perusal of the same reveals that the inmate has died due to illness. 3 The Special Executive Magistrate, Hyderabad and the Medical expert on panel with the Commission have not suspected any foul play or medical negligence. The Director General (investigation) of the Commission upon detailed examination of the reports has recommended closure of the case. In view of the above, the reports received from the State Authorities are taken on record and the case is closed."
Meaning thereby, the matter has already been looked into by the National Human Rights Commission and the National Human Rights Commission did not suspect any foul play or medical negligence.
Learned counsel for the petitioner has submitted before this court that some compensation be granted to the mother of the deceased. He has placed reliance upon the Judgment delivered in the case of S.Vijayashankar v. State of Tamil Nadu1 and has argued that in case of custodial death, the Madras High Court has granted compensation.
This court has carefully gone through the aforesaid Judgment. As the matter was thoroughly examined by the National Human Rights Commission and the National Human Rights Commission has not suspected any foul play or medical negligence. The death has taken place on account of cardiac respiratory failure and therefore, this court does not find any reason to grant compensation in the peculiar facts and circumstances of the case.
The learned counsel for the petitioner has also placed reliance upon the Judgment delivered in the case of Smt. Parvathamma 1 2019 (7) MLJ 652 4 v. Chief Secretary2. It was the case of death on account of alleged police atrocities. In the present case on hand, the death has taken place on account of cardio respiratory failure. There is no evidence to substantiate the allegation that the death has taken place on account of atrocities committed by the excise enforcement constables and therefore, in the absence of any cogent material, the question of grant of compensation does not arise.
Reliance has also been placed upon the Judgment delivered in the case of D.K.Basu v. State of West Bengal [W.P. (Crl) No.592 of 1987, decided on 18.12.1996]. It was also a case of atrocities committed by the police resulting into death in police lockup.
In the present case, death has taken place in the year 2011. The matter has been looked into by the National Human Rights Commission. Based upon the material before us, this court cannot direct grant of any compensation in the peculiar facts and circumstances of the case.
Resultantly, the writ petition stands disposed of. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ _______________________ N. TUKARAMJI, J 10.12.2021 PLN/JSU 2 1995 Cri.L.J 4148