Delhi High Court strict on death in police custody, orders to give compensation of Rs 18.44 lakh to the father of the deceased
The Delhi High Court has made an important comment regarding unnatural deaths in police custody, saying that unnatural death of any person in custody, even if it is suicide, cannot be considered as a mere personal incident. The court has described this as a very serious matter related to the responsibility of the state and the police. The High Court made it clear in its decision that it is the responsibility of the state to ensure the safety of the person in police custody. If unnatural death of a person occurs during custody, the State cannot absolve itself of its responsibility in matters connected therewith. During the hearing of the case, the court directed the Delhi government to pay a compensation of Rs 18.44 lakh to the father of the deceased within eight weeks. The court said that in such cases it is necessary to provide appropriate relief to the victim’s family.
This decision of Delhi High Court has come in the case related to the death of a youth in Karawal Nagar police station in the year 2018. According to the petition filed in the court, deceased Deepak’s father Shyam Sundar had claimed that his son was detained by the Karawal Nagar police station on January 15, 2018 in connection with an FIR. It was told in the petition that the next day after being taken into custody, the police informed the family through phone that Deepak had committed suicide by hanging himself in the police station. After this he was immediately taken to GTB Hospital, where doctors declared him dead.
Police accused of assault and demanding bribe
Petitioner Shyam Sundar alleged in the court that when he reached the police station to meet his son Deepak, the police kept him sitting in the police station for several hours. He also alleged that the policemen beat up both him and his son. It was also claimed in the petition that the policemen had demanded money in exchange for releasing Deepak. Based on these allegations, the petitioner demanded a fair investigation and justice into the custodial death and the alleged role of the police.
High Court fixed the accountability of the state, rejected the government’s argument
During the hearing, the Delhi government argued in the court that it is not mandatory to pay compensation in every case of death in police custody, especially when the cause of death is alleged to be suicide. However, the High Court refused to accept this argument. Justice Sachin Dutta said that when a person is taken into police custody, the state has full responsibility for his safety and life. The court made it clear that any unnatural death in custody cannot be treated as merely an individual incident, as it raises serious questions on law and order and the accountability of the justice system.
Order to pay compensation of Rs 18.44 lakh
While deciding the amount of compensation, the High Court considered the estimated monthly income of the deceased to be Rs 12,000. Based on this, adding future income prospects, funeral expenses and other admissible items, the court determined a total compensation of Rs 18.44 lakh. In its order, the court directed the Delhi government to pay the entire compensation amount to the father of the deceased within eight weeks. The High Court made it clear that ensuring accountability of the State in cases of unnatural deaths in police custody is essential to protect the rule of law and fundamental rights of citizens.
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