The Jharkhand High Court has directed the state government to pay a compensation of Rs. 5 lakhs to the widow of Umesh Singh, who died in police custody in 2015. The court also ordered the initiation of departmental action against the police officers involved in the matter. Justice Sanjay Kumar Dwivedi deemed it a "proved case" of police brutality and questioned why the erring police officials had not faced departmental proceedings, despite being exonerated by the CID.
The court stated that the parameters of criminal proceedings and departmental proceedings are based on different facts and circumstances. It directed the Director General of Police, Jharkhand, Ranchi to initiate departmental proceedings against the two erring police officials responsible for Umesh Singh's death. The court emphasized that the precious life lost and the plight of his widow and minor children necessitate action against those responsible.
Regarding compensation, the court held the state responsible for violating human rights due to Umesh Singh's death in police custody, caused by the torture inflicted by police officials. It invoked Article 226 of the Indian Constitution and ordered the respondent-state to pay a compensation of Rs. 5 lakhs to the petitioners within six weeks. The court also left it open for the state to recover the amount from the guilty police officers.
The petition was filed by Babita Devi, Umesh Singh's wife, seeking a CBI investigation into the matter and compensation of Rs. 10 lakhs for herself and her children. Umesh Singh was arrested in June 2015 and implicated in a case related to protests against mine blasting that had damaged their house and others in the locality. When he failed to return home the next morning, his body was discovered with multiple injuries. The family found his shirt in the police station's lockup, as confirmed by a video recording.
Babita Devi lodged an FIR against the police officials involved, but the investigating officer did not record the statements of the petitioners for over a year and a half. A judicial inquiry was initiated by the Chief Judicial Magistrate (CJM), Dhanbad, and the inquiry report concluded that Umesh Singh's death was a custodial death resulting from police brutality. The Sessions Judge, Dhanbad, observed a prima facie violation of human rights and recommended the State Human Rights Commission to explore compensation options.
The case was later transferred to the Criminal Investigation Department (CID), which exonerated the accused police officials. However, the court took note of the CJM's inquiry report and the Sessions Judge's recommendation, stating that the action of the police officials was found to be true by the judicial officers. The court also highlighted the state's failure to take appropriate action despite a compensation scheme in place.
The Jharkhand High Court, recognizing the violation of fundamental rights, invoked the principle of strict liability for contravention of fundamental rights. It emphasized the mandatory nature of compensation in cases like these. Alongside compensation, the court ordered the initiation of departmental proceedings and held the state accountable for the violation of human rights in Umesh Singh's custodial death.
This decision adds to recent instances where the Jharkhand High Court has taken a strong stance on compensating victims of injustice, promoting accountability, and safeguarding human rights.
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