Vijaya Lakshmi, Hyd vs Prl Secy, Home, Hyd 14 Oth
2021 Latest Caselaw 4251 Tel

   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

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.

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

2019 (7) MLJ 652

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

1995 Cri.L.J 4148