Jharkhand High Court Directs State To Grant 5 Lakh Compensation To Widow Of Custodial Death Victim

The Jharkhand High Court has directed the State Government to pay a compensation of Rs. 5 lakh to the widow of Umesh Singh, who died in police custody in 2015. The court also ordered the State to take departmental action against the police officers involved in the matter.

Justice Sanjay Kumar Dwivedi said it is a "proved case" of police brutality, and questioned why the police department has not departmentally proceeded against the erring police officials, even though the CID has submitted a report exonerating them.

The court said the parameters of criminal proceedings and the departmental proceedings are based on the different facts and circumstances. "Accordingly, 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," said the court.

On the question of compensation, the court said State is bound to compensate for the violation of human rights as the death occurred in police custody "by the torture of the police officials."

"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.

The court left it open for the State to recover the amount from the erring police officers, if found guilty.

The petition was filed by Babita Devi, the wife of the deceased victim, seeking a CBI investigation into the matter and additionally a compensation of Rs. 10 lakhs for herself and her children.

Umesh Singh was taken into custody in June 2015, by Pawan Singh, the Munshi of Ghanudih Outpost, under the directions of Harinarayan Ram, Officer-in-Charge of Ghanudih Outpost, Babita Devi's counsel told the court. Singh was implicated in a case related to protests against the heavy blasting in mines, which had caused damage to his house and other dwellings in the locality.

When Umesh Singh did not return home the next morning, his family searched for him and discovered his body near Ghanuadih Joria, the court was told, adding that his body had multiple injuries, and he was only wearing undergarments. It was further submitted that the deceased's shirt was found in the police station's lockup, as confirmed by the family in a video recording.

Babita Devi lodged an FIR against Harinarayan Ram, Pawan Singh, Satendra Kumar, and unnamed police officials at Jharia Police Station, but the investigating officer did not record the statements of the petitioners for over a year and a half, the court was told.

Advocate Shadab Ansari, representing the petitioners, submitted an application under Section 176(1-A) of CrPC., leading to a judicial inquiry by the Chief Judicial Magistrate (CJM), Dhanbad. The CJM's inquiry report concluded that Umesh Singh's death was a custodial death caused by police brutality. The Sessions Judge, Dhanbad observed a prima facie violation of human rights and recommended the State Human Rights Commission to explore compensation options for the victims, the court was told.

The case was subsequently transferred to the Criminal Investigation Department (CID) by the State Government, which ultimately exonerated the accused police officials. 

The State, represented by Advocate Ravi Kerketta, contended that the case had been transferred to the CID, and after a thorough investigation, the accused police officials were exonerated. 

Taking note of CJM, Dhanbad's Inquiry report and the recommendation of Sessions Judge, Dhanbad, Justice Dwivedi said the action taken by the police officials was "found to be true" by the two judicial officers. 

"It is crystal clear that there is violation of life and liberty of the deceased Umesh Singh and if such violation of personal liberty is proved and that has been brought before the Constitutional Court of the State, under Article 226 of the Constitution of the India, the Court cannot be a mute spectator and accordingly, the liberty of the State / State officials has to be read into all public safety statute since prime object of public safety legislation is to protect the individual and compensate him for loss suffered," said the bench.

The court noted that the State had come with a scheme dated 03.08.2012, which outlines a specific procedure for compensation.

“If such a notification is there, the custodial death of the deceased was proved, the State authorities were required to rise to the occasion to pass appropriate order in view of the same scheme, however, in the case in hand in spite of that no action has been taken by the Government officials for the needful. In the said scheme, the procedure for grant of compensation has been detailed, but the State officials have chosen not to proceed in view of the said scheme,” it added.

It further said 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," it ruled, while ordering compensation.

Justice Dwivedi recently also directed the State government to grant 5 lakhs compensation to a man who spent four months in jail on false murder and rape charges.

Case Title: Babita Devi and Others vs. The State of Jharkhand and Others W.P.(Cr.) No. 48 of 2017

Citation: 2023 LiveLaw (Jha) 18

Appearance:

For the Petitioners : Mr. Shadab Ansari, Advocate

For the State : Mr. Ravi Kerketta, S.C.-VI

Click Here To Download Judgment