Gauhati High Court
Jahira Nessa Bewa vs State Of Assam And Ors. on 6 March, 2003
Equivalent citations: 2003CRILJ4536, (2003)2GLR386
JUDGMENT B.B. Deb, J.
1. This writ petition has been registered pursuant to an order of the Hon'ble Chief Justice on 7.1.1998 on an application dated 6.10.1997 filed by Jahir Nessa Bewa alleging, inter alia, that her husband Md. Faizuddin Ali was arrested on 8.9.1997 by the O. C., Dhupdhara PS (Goalpara district) and as a result of inhuman Police torture her husband died in Police lock-up. She made a written allegation to the Superintendent of Police (SP), Goalpara and the Deputy Commissioner, Goalpara, but getting no response, she at last approached the Hon'ble Chief Justice. The notice was issued vide order dated 3.2.1998. An affidavit-in-opposition has been filed by the Addl. SP of Police, Goalpara. The SP, Goalpara also furnished a report on 4.3.1998 on custodial death of Faizuddin Seikh addressing the Sr. Govt. Advocate, Assam which is annexed with the affidavit-in-opposition. The affidavit-in-opposition contends that on the unnatural death of Faizuddin Seikh an U.D. case (Unnatural death case) was registered and the investigation has not yet been completed. However, a short report "on the custodial death of Faizuddin" available wherefrom the following facts emerged :-
(I) The deceased Faijuddin was arrested by the Police officials of Dhupdhara PS on, 8.9.1997 in connection with that PS case No. 39/ 97 under Section 379 IPC and he was kept in PS Lock-up for safe custody;
(II) On the same date a.t about 2-10 pro, it "was found that Faijuddin committed suicide" in the Lock-up. That incident of unnatural death stood recorded in GDE No. 207 dated 8.9.1997.
2. Mr. A.K. Goswami, amicus-curiae appointed by the court submits that from "report on custodial death", it appears that the Police has made an attempt to cover the case as a suicidal death, but on proper scrutiny of the said report it would reveal that it is a mysterious unnatural death. For better appreciation, I propose to quote the relevant paragraph of the said report which is as follows :-
"On the same day at 2-10 pm, one ASI, namely, Darbesh Ali of Dhupdhara PS found Faizuddin Seikh committed suicide with a torn out pieces of blanket from kept inside the lock-up and used the wooden door of the lock-up latrine and hung himself."
3. The incident happened on 8.9.1997. Winter usually comes in the late October in the area. In early part of September, there would be no winter and as such the presence of blanket or piece of blanket cannot be available inside the Lock-up, Normally, the outer door of the Lockup is made of iron rod so as to keep watch upon the inmates kept inside from the outside duty point. The front door of the Lock-up cannot be in such a manner creating obstruction in the visibility through the indoors.
4. The Report made a mention of post mortem report. From the post mortem report, it cannot be held that the deceased was subjected to physical torture as no mark of physical injury could be detected at the lime of post mortem examination. However, negligence on the part of the Police personnel in keeping the deceased, in Lock-up cannot be ruled out. Keeping a blanket or piece of cloth inside the Lock-up facilitating the commission of suicide should have been avoided in all Police stations. But, in the present case, the Police officials of Dhupdhara PS exposed reckless negligency in keeping the deceased in the Lockup. It is not possible for a detinue kept in Lock-up to commit suicide in the Lock-up itself where inside of the Lock-up is always made visible from outside duty point. It is not a case of the Police that the deceased committed suicide inside the latrine covered by invisible walls, rather from the aforequoted portion of the Report, it reveals that as one ASI found the deceased committed suieide meaning thereby the place of hanging is visible from outside and thus, if one makes any attempt to commit suicide in the Lock-up, then obviously it would be visible to the constable detailing on duty, unless there is no negligency on the part of the duty constable. In the present case, the duty constable might have left the place of duty for a considerable period and taking that advantage, the deceased might have committed suicide.
5. Though the materials available with the record failed to convince me to hold that the deceased was physically tortured resulting his death, but undoubtedly, the deceased committed suicide while in custody and that was due to gross negligence of the Police personnel of that PS and thus, the Police authority cannot totally absolve its liability.
6. In the result, the writ petition is allowed. The widow-petitioner is entitled to be paid a compensation of Rs. 50,000 (rupees fifty thousand only). The Secretary to the Government of Assam in the Home Department is to make arrangement for the payment of compensation as ordered to Smt. Jahiran Nessa, wife of the deceased Faijuddin Seikh on proper identification within a period of forty-five days from this day. However, the State Government is at liberty to conduct an inquiry in order to find out the erring Police officials for whose negligency the incident happened and may proceed against him departmentally including the recovery of the amount of compensation now to be paid to the petitioner.
7. The writ petition is disposed of accordingly.