Punjab-Haryana High Court
Balwinder Kaur vs State Of Punjab And Others on 9 August, 2012
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
CRM-M-16355 of 2005 [1]
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-16355 of 2005
Date of decision:09.08.2012
Balwinder Kaur ...Petitioner
Vs.
State of Punjab and others ...Respondents
CORAM: HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE RAKESH KUMAR JAIN
Present: Mr. Navkiran Singh, Advocate,
for the petitioner.
Ms. Gurveen H. Singh, Addl. A.G., Punjab.
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RAKESH KUMAR JAIN, J.
Petitioner is the widow of S. Charanjit Singh, who is alleged to have died mysteriously in Central Jail, Ludhiana on 26.02.2004 while suffering sentence having been convicted on 04.02.2004 by the Additional Sessions Judge, Ludhiana in case registered vide FIR No.74 dated 07.04.2000 under Section 15 of the Narcotic Drugs and Psychotropic Substance Act, 1985 at Police Station Jagraon, District Ludhiana.
The petitioner has prayed for inquiry into the custodial death of her husband by Sessions Judge, Ludhiana, grant of compensation and fixing liability of the erring jail officials.
CRM-M-16355 of 2005 [2]
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Admittedly, the deceased was in Central Jail, Ludhiana since 13.02.2004 and was declared dead by the Senior Medical Officer, Central Jail, Patiala, when he was referred by the Senior Medical Officer, Central Jail, Ludhiana on 25.02.2004 to Rajindera Hospital, Patiala. Post mortem was conducted on 26.02.2004 at Civil Hospital, Ludhiana in which cause of death could not be determined in the absence of report of Chemical Examiner which was received on 15.04.2004, in which cholorocompound group of insecticides was detected in the stomach, large and small intestines, liver, spleen, kidney and sample of blood.
The petitioner reported the matter to the National Human Rights Commission, New Delhi and the Punjab State Human Rights Commission, Chandigarh. However, as per letter dated 06.09.2004 (Annexure P-1), proceedings before the Punjab State Human Rights Commission, Chandigarh were dropped in view of the fact that the cognizance was taken on a complaint by the National Human Rights Commission, New Delhi. As the petitioner was unsatisfied, the present writ petition was filed in which notice of motion was issued way back on 31.01.2005.
In reply filed by respondent No.3, all the aforesaid facts were admitted but it was averred that the deceased-convict was under
medical treatment in Central Jail Hospital, Ludhiana, from 13.02.2004 CRM-M-16355 of 2005 [3] ***** to 24.02.2004 and the Jail Administration had been providing all possible medical facilities to him.
During the course of hearing, an affidavit of Deputy Superintendent of Police, Industrial Area, Ludhiana City was filed along with an inquiry report by the Naib Tehsildar-cum-Executive Magistrate, Dehlon dated 31.03.2004 in which the following observations were made:-
"Hence, from the above said inquiry/ investigation/statements, it is apparent that the deceased died due to illness. The employees/Warders of Central Jail, Ludhiana had first of all taken him from Central Jail, Ludhiana to Civil Hospital, Ludhiana, for check up. The Medical Officer, Civil Hospital, Ludhiana, had referred the patient to Rajindra Hospital, Patiala. The guards left for Rajindra Hospital, Patiala, along with the patient in the ambulance. Firstly they took him to Central Jail, Patiala and the patient expired immediately after reaching there. The Medical Officer, Central Jail, Patiala, declared him dead at 8.00 a.m. The postmortem of the dead body was got conducted from the Board of Doctors and after CRM-M-16355 of 2005 [4] ***** taking out the Viscera, it was sent to the Chemical Examiner, Patiala. The deceased died due to illness.
The death of the deceased is neither the result of any prohibited cause nor anybody is suspected nor anybody is guilty of his death, therefore, in compliance of the directions of the Hon'ble Human Rights Commission, New Delhi, the video cassette was not prepared at the time of conducting the post mortem because its necessity was not felt. You are being sent the statements recorded at the spot at the postmortem report here along. The report regarding the death will be sent to you after obtaining it from the Chemical Examiner, Patiala."
However, vide order dated 14.11.2011, this Court marked the enquiry to the District & Sessions Judge, Ludhiana or any other Additional District & Sessions Judge of Ludhiana with regard to the cause of death of the deceased-convict. The order passed in this regard reads as under:-
"The prayer made in the instant petition is that the husband of the petitioner Sh. Charanjit Singh died under suspicious circumstances in the Central Jail, Ludhiana on 26.02.2004. There are reports CRM-M-16355 of 2005 [5] ***** available on record showing that the death has occurred on account of aluminum phosphide. According to the Chemical Examiner's report, the aluminum phosphide and the fatal insecticide were available in the body of the deceased. It is worth to mention here that the aforesaid Sh. Charanjit Singh was serving sentence after having been convicted in case FIR No.74 dated 7.4.2000 under Section 15 of the NDPS Act. The prayer made by the petitioner- widow of Charanjit Singh is for holding an enquiry from the District & Sessions Judge, Ludhiana.
Accordingly, we direct that an enquiry be conducted by the District & Sessions Judge, Ludhiana or any other Addl. District & Sessions Judge of Ludhiana with regard to the cause of death of Sh. Charanjit Singh. The report shall also specify the circumstances in which the aforesaid Charanjit Singh died. The report be submitted expeditiously, preferably within a period of three months.
The parties through their counsel shall appear before the learned District & Sessions Judge, Ludhiana on 28.11.2011.
CRM-M-16355 of 2005 [6]
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List again on 21.02.2012."
In terms of the aforesaid order, a fact-finding inquiry was conducted by Shri Sunil Kumar Arora, Additional Sessions Judge, Ludhiana, who submitted his report dated 18.05.2012. The conclusion of the said inquiry report reads as under:-
"Thus, from the statements of the witnesses recorded during the inquiry it stands duly proved that cause of death of Charanjit Singh is due to chlorocompound group of insecticides. The said Charanjit Singh at that time and more precisely on 25.02.2004 was lodged in Central Jail, Ludhiana in the capacity of a convict. He was first taken to Civil Hospital, Ludhiana from where he was referred to Rajindera Hospital, Patiala and at the time of admission of Charanjit Singh in Civil Hospital, Ludhiana, his wife or any other relative was not informed about the exact illness or exact reason of admission of Charanjit Singh in Civil Hospital, Ludhiana. The acts on the part of officials of Central Jail, Ludhiana in not disclosing the true facts about illness of Charanjit Singh to his wife or other relatives as to how and under what CRM-M-16355 of 2005 [7] ***** circumstances Charanjit Singh consumed insecticide and how that insecticide was available in the premises of Central Jail, Ludhiana are sufficient to infer that Charanjit Singh had died under mysterious circumstances while undergoing imprisonment in Central Jail, Ludhiana, which are required to be explained properly by the officials of the central Jail, Ludhiana."
Learned counsel for the petitioner has submitted that one leg of his prayer in the writ petition, which was converted in Criminal Miscellaneous, is over with the inquiry report of the learned Additional Sessions Judge, Ludhiana which, however, shows that convict Charanjit Singh died in mysterious circumstances in custody while undergoing imprisonment as it has not been disclosed by the jail authorities as to how the insecticide was made available to him in the jail premises. He has, thus, prayed for award of appropriate compensation to the petitioner who is now left alone with her 14 years son Amarjit Singh and 7 years daughter Jaspreet Kaur. He has also referred to Section 55-A of the Code of Criminal Procedure, 1973 [for short "Cr.P.C."] to contend that it is a duty of the person having the custody of an accused to take a reasonable care of his health and safety. He has also relied upon a decision of the Supreme Court in the case of CRM-M-16355 of 2005 [8] ***** Dy. Commr., Dharwad, Dist. Dharwad and others v. Shivakka and others, 2012(2) R.C.R. (Criminal) 452 in order to claim compensation.
In reply, learned State counsel has argued that the deceased was admitted in Central Jail, Ludhiana on 13.02.2004 in terms of the order of sentence dated 04.02.2004 but he was not keeping well from 13.02.2004 to 24.02.2004 and was under treatment in Central Jail Hospital, Ludhiana. It is submitted that the jail authorities were quite vigilant and sincere in looking after health and safety of the deceased- convict and when his physical health deteriorated, the Medical Officer, Central Jail, Ludhiana referred him to Rajindera Hospital, Patiala. In the process of taking the deceased-convict to Rajindera Hospital, Patiala, he was taken first to Central Jail, Patiala where he was declared dead by the Senior Medical Officer, Central Jail, Patiala. It is submitted that as per report of Naib Tehsildar-cum-Executive Magistrate, Dahlon, dated 31.03.2004, the convict died due to illness.
We have heard counsel for the parties and have perused the available record.
It is not in dispute that the deceased was admitted to jail on 13.02.2004 and expired on 26.02.2004 while in custody. It is also not disputed that as per the report of the Chemical Examiner dated 15.04.2004, cholorocompound group of insecticide was found in all vital organs of the deceased-convict. The matter was reported by the CRM-M-16355 of 2005 [9] ***** petitioner to the National Human Rights Commission, New Delhi and the Punjab State Human Rights Commission, Chandigarh but as her grievance was not redressed upto her satisfaction, the present writ petition, which was converted into Criminal Miscellaneous, was filed in which one of the prayers of the petitioner had already become infructuous with regard to the holding of inquiry by the District & Sessions Judge, Ludhiana as the inquiry has already been conducted by the Additional District & Sessions Judge, Ludhiana in terms of the the order passed by this Court on 14.11.2011, in which it has been categorically observed that the deceased-convict had died in mysterious circumstances while undergoing imprisonment in Central Jail, Ludhiana. The question, thus, arises whether the petitioner can be compensated in terms of money or not? In this regard, reference is to be made to Section 55-A of the Cr.P.C. inserted by Section 9 of the Act No.5, which reads as under:-
"55-A. Health and safety of arrested person.-- It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused."
There is an apparent dereliction in discharge of duty by the jail authorities in looking after the health and safety of the deceased
-convict who had left behind his widow and two minor children. In CRM-M-16355 of 2005 [ 10 ] ***** Dy. Commr., Dharwad, Dist. Dharwad and others' case (supra), the Supreme Court has approved the order of the Karnataka High Court in respect of award of compensation and since it was the case where victim was killed in the police custody, the compensation was further enhanced.
In view of the aforesaid facts, we are of the considered opinion that since the death of Charanjit Singh had occurred in mysterious circumstances while he was in custody, as determined by the learned Additional District & Sessions Judge, Ludhiana in his report dated 18.05.2012, the petitioner is held entitled to a compensation of `3,50,000/- which shall be paid by respondent no.1 immediately after the receipt of the certified copy of this order.
[ JASBIR SINGH ] [ RAKESH KUMAR JAIN ]
ACTING CHIEF JUSTICE JUDGE
09.08.2012
vinod*