Punjab-Haryana High Court
Yashwanti Devi And Ors vs State Of Haryana And Another on 1 August, 2024
Neutral Citation No:=2024:PHHC:098495
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
210
CWP-454-2018 (O&M)
Date of decision: 01.08.2024
Yashwanti Devi and others
...Petitioners
VERSUS
State of Haryana and others
...Respondents
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
Present :- Mr. Ravinder Chaudhary, Advocate for the petitioners.
Mr. Pankaj Mulwani, DAG Haryana.
*****
VINOD S. BHARDWAJ, J. (Oral)
1. Prayer in the present petition is for directing the respondents to
grant compensation of Rs.20 lakhs to the petitioners along with interest @
12% per annum as the son of petitioners No.1 and 2 and father of petitioner
No.3 died due to unnatural/custodial death in District Jail, Jind on
27.01.2016 in view of the directions passed by the Hon'ble Apex Court in
Writ Petition (Civil) No. 406 of 2013 dated 15.09.2017 in case RE-
INHUMAN CONDITIONS IN 1382 PRISONS (Annexure P-5).
2. Mr. Ravinder Chaudhary, Advocate, enters appearance and files
his vakalatnama on behalf of the petitioners today in the Court and the same
is taken on record. Registry is directed to tag the same at an appropriate
place with page marking.
3. Learned counsel for the petitioners contends that Parvinder,
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son of petitioners No.1 and 2 and father of petitioner No.3, was lodged in
District Jail, Jind in case bearing FIR No.669 dated 26.08.2015 registered
under Section 302 IPC at Police Station City Jind, District Jind. An
information was received by the petitioners on 27.01.2016 that Parvinder
had died by hanging himself in Jail bathroom and in this regard a DDR No.4
dated 27.01.2017 under Section 175 Cr.P.C. was registered at Police Station
City Jind. The Post-mortem was conducted at Civil Hospital, Jind. The
photocopy of the post-mortem has also been appended. Inquest proceedings
were also conducted and the inquest report has been submitted. The
petitioners claim that Parvinder had died in mysterious circumstances while
being in State custody and therefore, the respondents are liable to pay
compensation on account of the unnatural death of Parvinder while in State
custody.
4. Reply by way of affidavit dated 05.05.2018 of Mr. Harinder
Singh, Superintendent Jail, District Jail, Jind, had been filed wherein the
factum of Parvinder being in custody and he having died while in custody in
not denied. It is however stated that as per the directions of National Human
Right Commission and provisions of Section 176 Cr.P.C, the District and
Sessions Judge, Jind had been requested by respondent No.3 to depute a
Judicial Magistrate to hold inquest proceedings under Section 176 Cr.P.C.
and to conduct a judicial inquiry as per the provisions of Section 176 (1-A)
Cr.P.C. to ascertain the case of death of Parvinder. The Judicial Magistrate
conducted an inquiry into the affairs and as per the report (Annexure P-2), it
was a case of suicide by Parvinder in Jail and not on account of any overt
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act committed by any third person. It is also stated by the Judicial
Magistrate in his inquiry report that there was easy accessibility to the
bathroom during the night/day without notice of anybody and viable place to
hang with cemented chokhat present over the bathroom. Further, the door
wall of the bathroom is not upto ceiling, is approximately 7' height and can
easily be climbed to reach the cemented chokhat of the bathroom. The
Parna cloth found on the neck of the deceased as means of hanging was his
own cloth which was being used as towel-cum-muffler clothes. The inquiry
officer was of the opinion that deceased-Parvinder was under depression and
had the chance and means to end his life in the early morning at the
bathroom with his Parna cloth and so he committed suicide. There was no
attribution or negligence on the part of the Jail authorities and Parvinder
committed suicide on his own. Further, the medical examination of the
deceased was also conducted and there was no mark of any external injury
on the deceased. The possibility of any foul play or negligence on the part
of anybody was clearly ruled out. It is also informed that the incident in
question was also considered by the National Human Rights Commission in
case/file No.860/7/8/2016-JCD registered on 29.01.2016. As per the
proceedings undertaken by the National Human Rights Commission, it
recorded after taking into consideration all the reports i.e. Post-mortem,
inquest report, histopathology report and the autopsy, that there was no
indication of any foul play or negligence on the part of any jail official in the
matter. The National Human Rights Commission thus held that there was no
foul play or negligence and it cannot be said to be a case of violation of
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human rights. The matter was accordingly closed. The relevant part of the
proceedings dated 22.05.2020 are extracted as under:-
"This is in continuation of the proceedings dated
18.11.2018 wherein the reports received from concerned
authorities were sent to Investigation Division for
examination and action.
Pursuant to the directions given by this Commission in
the last proceedings dated 18.11.2018, the Investigation
Division has examined the report and concluded as under:
"In this case, UTP Parvinder (age 33 years) was
admitted in the jail on 29/08/2015. He committed
suicide on the intervening night of 26-27/01/2016. At an
inconspicuous place i.e. bathroom of his barrack. As
per PMR, there was no external injury on the body
except ligature mark on the neck. During magisterial
enquiry conducted by Judicial Magistrate, the brother
of the deceased and co-inmates of the deceased did not
raise any suspicion in the death. The autopsy doctors
have opined the final cause of death (pg. 202/c) based
on viscera and histopathology report as "mechanical
asphyxia due to hanging and it seems to be suicidal.
The enquiry magistrate concluded that UTP Parvinder
died due to suicide. The analysis of file does not
indicate any foul play or negligence of anyone in the
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matter."
The Investigation Division has recommended for
closure of the case by The Investigation Division had
recommended for taking the material on record and
closed the case.
The Commission has carefully examined the
recommendation and from MER it is evident that this
case is of suicide by UTP Parvinder and there is no foul
play(sic.) or negligence on part of anybody. Therefore it
cannot be said that there is any violation of human
right in this case, accordingly this case is closed."
5. I have heard the learned counsel appearing on behalf of the
respective parties and have gone through the documents available on record.
6. Even though the case of the petitioners is that they are entitled
to compensation on account of death of Parvinder in view of the judgment of
the Hon'ble Supreme Court in Writ Petition (Civil) No. 406 of 2013 dated
15.09.2017 in case RE-INHUMAN CONDITIONS IN 1382 PRISONS
(Annexure P-5), however, the said judgment is not attracted to the facts of
the present case. It is not a case that an unnatural death has happened in
judicial custody on account of any overt act or omission or commission or
negligence on the part of the State authorities. It is also not the case
established on record that the conditions of the prisoners of the District Jail,
Jind were inhumane. Further, the matter has already been inquired into by
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the Judicial Magistrate while carrying out the inquest proceedings and has
also been re-considered by the National Human Rights Commission and the
record including the post-mortem report, histopathology report of the viscera
do not substantiate any foul play.
7. In the given circumstances, it does not call for any direction to
be issued to the respondent-State to pay compensation for an act which was
undertaken/conducted by Parvinder (deceased) on account of his
psychological condition and being under the depression. The respondent-
State cannot be held liable for such act of the prisoners where they inflict
harm to themselves on their own. The liability of the respondent-State could
have been fastened only in case the State negligence or lapse could have
been established.
8. I am of the view that there is no necessity to issue directions as
prayed for.
9. The present petition is accordingly dismissed.
(VINOD S. BHARDWAJ)
01.08.2024 JUDGE
Mangal Singh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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