Court directs State to ensure adherence to protocols for custodial deaths and outlines steps for compensation.
In a significant ruling, the Allahabad High Court has awarded a compensation of Rs. 10 lakh to the family of a minor who died in custody, underlining the State's absolute liability in cases of custodial deaths. The Division Bench, comprising Justices Shekhar B. Saraf and Manjive Shukla, delivered the judgment on a writ petition filed by Prema Devi, whose son died under suspicious circumstances in Pilibhit District Prison.
The court emphasized that custodial death is a grave violation of Article 21 of the Indian Constitution, which guarantees the right to life and dignity. The judgment noted that the State is responsible for ensuring the safety of individuals in custody and held that compensation serves as a public law remedy.
The case revolved around the custodial death of Sukhvinder, the petitioner's son, who was found dead in jail after being arrested for failing to appear in court. The court examined reports, including the panchnama and post-mortem, which suggested suicide by hanging. However, the judgment highlighted that even in cases of suicide, the State holds strict liability for failing to prevent such incidents.
The court outlined several procedural lapses and mandated steps for future cases, including immediate family notification, prompt post-mortem with video recording, and detailed inquest reports by judicial magistrates. Furthermore, the court criticized the delay in compensation disbursement and directed that it be completed within three weeks.
The judgment also urged the State Government to frame guidelines for compensation based on age, income, and dependants, akin to the Motor Vehicles Act, to ensure uniformity in custodial death cases.
Bottom Line:
Custodial death constitutes a grave violation of fundamental rights under Article 21 of the Constitution of India, warranting strict liability on the part of the State to ensure safety of individuals in its custody, with monetary compensation serving as a public law remedy.
Statutory provision(s): Article 21 of the Constitution of India, Article 226 of the Constitution of India, Sections 174 and 176 of the Criminal Procedure Code, 1973.
Prema Devi v. State of U.P., (Allahabad)(Lucknow)(DB) : Law Finder Doc id # 2856626
