Chhattisgarh High Court Awards Compensation for Custodial Death
Rs. 3 Lakh to Widow, Rs. 1 Lakh Each to Parents in Landmark Judgment Against Police Brutality
In a landmark judgment, the Chhattisgarh High Court has awarded compensation to the family of Durgendra Katholiya, who tragically died in police custody due to custodial torture. The court has directed the State to pay Rs. 3 lakh to Katholiya's widow and minor children, along with Rs. 1 lakh each to his parents. This decision underscores the violation of fundamental rights under Article 21 of the Constitution of India.
The case involved Katholiya's arrest on charges of cheating and forgery, after which he was subjected to severe police brutality while in custody. Despite complaints and representations by his family, no criminal action was taken against the responsible officers. The High Court's decision not only provides financial relief to the bereaved family but also serves as a stern reminder of the State's constitutional obligations.
Highlighting the multiplicity of injuries on Katholiya's body, the judgment criticizes the State's failure to safeguard individuals in its custody, regardless of the nature of allegations against them. The court emphasized that the right to life and dignity is inviolable and not contingent upon a person's legal status.
The judgment also reiterates the need for sensitizing police personnel to human rights and adherence to established guidelines, such as those from the D.K. Basu case, to prevent future occurrences of such incidents. The decision is expected to have significant implications for police accountability and the protection of fundamental rights in custodial settings.
The court dismissed several prayers related to criminal proceedings against the police authorities and focused solely on compensation for the family. This compensation aims not only to provide solace but also to deter future instances of police misconduct. The court has directed the State to ensure compliance within eight weeks, failing which interest will accrue at 9% per annum until realization.
This judgment resonates with previous Supreme Court rulings that have established compensation as a remedy for infringement of fundamental rights, reinforcing the legal precedent that the State bears responsibility for custodial deaths.
Bottom Line:
Custodial death - Compensation awarded to the family of the deceased for violation of fundamental rights under Article 21 of the Constitution of India due to custodial torture and police brutality.
Statutory provision(s): Article 21 of the Constitution of India, Sections 420, 467, 468 of the Indian Penal Code, Sections 103, 3(5) of the Bharatiya Nyaya Sanhita
Durga Devi Katholiya v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc Id # 2792180
