Ganga Devi And Ors. vs Commissioner Of Police And Ors.
1992 Latest Caselaw 280 Del

JUDGMENT

Anil Dev Singh, J.

(1) Rule D.B.

(2) Learned Counsel for the parties state that since a short question is involved, the matter may be disposed of forthwith. Accordingly we proceed to dispose of the same.

(3) Jagan Nath was picked up by Constable Anil Kumar of P.S, Lahori Gate in the wee hours of May 2, 1991 on suspicion of being involved in a criminal case. It is not disputed that when Jagan Nath was apprehended he was hale and hearty. On the same day Jagan Nath, who was having 16 injuries on his person,was brought to St. Stephen Hospital from P.S. Lahori Gate in an unconscious state. Jagan Nath never regained consciousness and succumbed to his injuries on May 10, 1991. An inquest was conducted by the S.D.M. Kotwali. According to the inquest report the deceased before his death was given severe beating in the police station. According to the post mortem report the death in the case was a result of cerebral damage consequent to injury on the front parietal region. The report further states that all injuries were ante mortem in nature. After a lapse of two months Fir No. 430 of 1991 dated lst/2nd September, 1991 under Sections 304, 330, 348/34 Indian Penal Code was lodged against constable Anil Kumar. According to the inquest report besides constable Anil Kumar others were also involved in the beating of the deceased. At this stage it is not relevant to dilate on the question as to who administered the beating as criminal cases may be pending against various police officials and others. What is significant is that a man has lost his life in custody. Right to life is a very precious one and is constitutionally guaranteed in our country under Article 21 of the Constitution of India. In fact Article 21 of the Constitution outlaws and bans torture, degrading and inhumane treatment in Jail custody.

(4) International Covenant on Civil and Political Rights of 1966 also recognises the right as inherent right to life. According to Article 7 of the said covenant no person can be subjected to torture or inhumane and degrading treatment or punishment.

(5) On mere suspicion of being involved in a criminal case Jagan Nath was taken into custody. He did not deserve the treatment meted out to him. For no fault he has been snatched away from the family who have now to suffer the unending nightmares of torture and misery. In the circumstances of the case we are of the opinion that the family of the deceased must be given adequate compensation.

(6) Accordingly we direct that the family which comprises of parents, wife and to minor children will be paid compensation of Rs. one lac by the Delhi Administration. Out of Rs. I lac. Rs. 50.000.00 will be kept in the fixed deposit in the name of the wife of the deceased as guardian of the minor children and remaining amount of Rs. 50.000.00 will be divided between Smt. Ganga Devi, petitioner no. I on the one hand and parents of the victim on (he other in equal shares. The respondent-Delhi Administration is also directed to give a suitable job to Ganga Devi wife of the deceased within on month from today. The aforesaid amount will also be paid to the family as indicated above within one month from today. It will be open to the Delhi Administration to recover this amount of Rs. one lac from the erring police officers responsible for the crime after their trial. We hope and trust that all persons involved in the crime will be brought to book by the police.

(7) Any observations made hereinabove will not be taken as an expression of opinion with regard to the merits of the criminal proceedings initiated or to be initiated in regard to the custodial death of the deceased. Petition allowed.