Custodial Death: Jharkhand High Court Orders CBI Probe & Grants ₹5 Lakh Compensation To Deceased's Family

The Jharkhand High Court has granted compensation of Rs. 5 lakhs to the family of a man who died because of the brutality by the police officials while he was in the police custody. 

A Single Bench of Justice Sanjay Kumar Dwivedi noted, “In view of the above and considering that this is a case of public remedy and this court is competent to pass the appropriate order, sitting under Article 226 of the Constitution of India. The Court direct the respondent-State through the Principal Secretary, Department of Home, Government of Jharkhand to pay a sum of Rs. 5,00,000/- (rupees five lakhs) in favour of the petitioners within six weeks from the date of receipt / production of this order, as a compensation for custodial death of the deceased Umesh Singh”.

The Bench said that it is open for the State to recover the said amount of compensation from the erring police officers, if found guilty.

Advocate Shadab Ansari appeared on behalf of the petitioner while Advocate Ravi Kerketta appeared on behalf of the State.

In this case, a Petition was filed seeking directions to transfer the investigation of a case from Police Officials to the Central Bureau of Investigation (CBI). The husband of the petitioner along with other inhabitants was involved in a protest against the heavy blasting of mines which damaged the houses of the inhabitants. The police officials from Jharia arrested the petitioner’s husband. Later, the body of the petitioner’s husband was discovered with multiple injuries.

The petitioner then filed a complaint against the concerned police officials but no investigation was done by the authorities. The counsel for the petitioner contended before the court that the petitioner’s husband was killed in police custody and even after lodging an FIR, no measures were taken by the concerned authorities. On the other hand, the counsel for the State alleged that the case was handed over to the Criminal Investigation Department (CID). 

The High Court after hearing the contentions of the counsel observed, “Award of compensation in a proceeding under Article 226 of the Constitution of India is a remedy available under the public law based on strict liability for contravention of fundamental rights, to which the principle of sovereign immunity does not apply. There is no dispute that the death was occurred in the police custody and in a case like this, compensation is mandatory”.

The Court also outlined the distinction between departmental proceedings and criminal proceedings and directed the State to conduct a thorough inquiry against the accused police officials.

The Court referring to the Supreme Court judgement in the case of Deputy Commissioner, Dharwad District, Dharwad & Ors. v Shivakka (2) & Ors. (2011) 12 SCC 419, said that compensating the petitioner is mandatory.

"... the Director General of Police, Jharkhand, Ranchi is directed to start departmental proceeding against two of the erring police officials, on whose act, the precious life has lost and his widow wife and minor children have been left without any shelter. The Director General shall also go into the inquiry report of the learned CJM, Dhanbad as well as the order of the learned Sessions Judge, Dhanbad, while initiating the departmental proceeding. State is bound for compensation for violation of human rights as death was occurred in police custody by the torture of the police officials", further said the Court.

Accordingly, the High Court allowed the petition.

Cause Title: Babita Devi and Others vs. The State of Jharkhand and Others

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