mode of payment and appropriate actions against
individuals responsible for custodial death.
HEADNOTE:
Petitioner's son, aged about 22 years was taken from ... Article 32 of the
Constitution, that it was a case of custodial death since
her son died as a result of the multiple injuries inflicted
Haryana and others ), have been filed to claim
compensation for custodial death of two persons taken in custody by
police together. They both have died ... have approached this Court not only for seeking
investigating of these custodial deaths but also for grant of
compensation.
The issue of award of compensation
registered
at Police Station, Kotkhai, District Shimla, Himachal Pradesh,
relating to custodial death of one of the accused namely Suraj
Singh arrested by police ... Superintendent of Police, Shimla and discussed
the matter with regard to custodial death of Suraj and
thereafter both of them went to the residence
order of monetary
amend in favour of the petitioner for the custodial death of her son by ordering
payment of compensation by way of exemplary ... court reiterated the need to
award the compensation in cases of custodial deaths.Para-28, which may
profitably be quoted hereunder
Jain
JUDGMENT
Dalveer Bhandari, J.
1. This is a case of custodial death. Learned Single Judge in the impugned judgment has observed that the State ... police custody. After recording clear finding of a custodial death, the learned Single Judge has granted an ex-gratia compensation
together with interest at 18% p.a. from the date of custodial death of Sri Nanjunda the husband of the petitioner and further sought ... petitioner for having lost her husband Sri Nanjunda in the custodial death case at her young age. Further the petitioner has sought for issuance
compensation to the victims
of torture, physical assault, humiliation, rape, custodial death and where
there is an infringement of constitutional right to life and liberty ... Commr. of Police , reported in (1990) 1
SCC 422, dealing with custodial death and compensation, the Hon'ble Supreme
Court held as follows
authority.
3. Chief Justice R. C. Lahoti highlighted one aspect of custodial deaths,
namely, unnatural deaths in prisons. This was through a letter addressed ... level of unnatural deaths will decrease.
Compensation for unnatural deaths
40. The issue of compensation for unnatural deaths in custody is no
longer res integra
State and its officials on the ground of wrongful confinement, custodial torture and custodial death caused by the police officers of Police Stations Lakadganj ... since death (keep all factors including observations at inquest) 12 to 24 Hours.
(ii) Cause and manner of death -- The cause of death
will fall under the parameters of Supreme Court’s observation, in
custodial death cases. Legal heirs of deceased Subramaniam are entitled
to get compensation ... accepted that public law remedy is available to the
victims of custodial death. But vehemently objected to the method of
computation of quantum of compensation
