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2003 Supreme(SC) 1022

N.S.HEGDE, B.P.SINGH
State Of Maharashtra – Appellant
Versus
Christian Community Welfare Council Of India – Respondent


Judgement Key Points

Key Points: - The State is liable to pay compensation to the aggrieved party in custodial death cases. (!) (!) - The judgment modifies certain directions from a high court to align with Basu’s criteria, specifically replacing earlier police medical examination directives with Basu’s 7th and 8th paras requiring immediate arrest-time and 48-hourly examinations by a panel of doctors. (!) (!) (!) (!) - The court retains the principle that recovery of compensation from officers depends on whether the misdeeds were within the course of official duty or beyond it, to be determined in an inquiry. (!) (!)

How to determine State liability for custodial deaths due to police excesses?

What is the appropriate modification to guidelines on medical examination of detainees in police custody?

What are the rules regarding recovery of compensation paid by the State from police officers involved in custodial death?


JUDGMENT

Santosh Hegde, J.-These two appeals arise from a judgment of the Nagpur Bench of the High Court of Judicature at Bombay made in Writ Petition (Criminal) No.204 of 1993. Even though the point for our consideration in these appeals have narrowed down considerably because of the previous orders of this Court in these appeals as also some previous judgments of this Court, we think it necessary to vary succinctly refer to the facts to the extent that is necessary.

2. Some of the policemen on duty in the Crime Branch Office of Nagpur City took into custody one Junious Adam Illamatti, a resident of Ajini Railway Colony on 23.6.1993. While he was in Police custody, it is stated he was found dead. It is also alleged that when his wife Jarina Adam went to the Police Station to enquire about her husband, she was also locked up by the said Police and molested. On 26.6.1993 a criminal case being Crime No. 438 of 1993 was registered for offences under Sections 302, 342, 330, 354 read with 34 against 10 Police Officers. The investigation in this regard was conducted by a Deputy Superintendent of Police, State CID (Crimes) Mr. Godbole. After investigation said Police Officers were chargeshe




















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