SUPREME COURT OF INDIA
G.L.Oza : K.N.Saikia
Peoples Union For Democratic Rights
Versus
Police Commissioner, Delhi Police Headquarters
Case No. : 401 , 402 of 1988
Date of Decision : 1/13/89
Succumbed to injuries – Claim of compensation - It is an unfortunate case where police collected poor people and took them to police station for doing some work - They were asked to work without lab our charges - On demand they were beaten and it appears that one of them succumbed to injuries and body has also been disposed of - Petitioner as alleged was also stripped of her clothes and was thrashed in police station - Other eight persons were also beaten up rather than they should have been paid for work they did at police station – Held, Court are happy and Court record our appreciation that Deputy Commissioner of Police in his affidavit has frankly accepted atrocity committed by police officers and it also appears some action has been taken and Station House Officer has been arrested - Matter is being investigated for criminal prosecution - It is unfortunate that police to whom citizen can approach for protection and help acted in such a manner - It is directed that after investigation and inquiry officers who are found guilty amount paid as compensation or part thereof may be recovered from these persons out of their salaries after giving them opportunity to show cause - Writ Petition are disposed of
(1) HEARD learned counsel for the parties.
(2) IT is an unfortunate case where the police collected poor people and took them to the police station for doing some work. They were asked to work without labour charges. On demand they were beaten and it appears that one of them Ram Swaroop succumbed to the injuries and the body has also been disposed of. Petitioner 2 Patasi, as alleged, was also stripped of her clothes and was thrashed in the police station. The other eight persons namely (1 Dandwa (2 Ram Prasad (3 Jaipal (4 Mahavir (5 Kannu (6 Munsjia (7 Hukka and (8 Pratap were also beaten up rather than they should have been paid for the work they did at the police station.
(3) WE are happy and we record our appreciation that Mr. A.S. Khan, Deputy Commissioner of Police in his affidavit has frankly accepted the atrocity committed by the police officers and it also appears some action has been taken and Station House Officer has been arrested. The matter is being investigated for criminal prosecution. It is unfortunate that the police to whom the citizen can approach for protection and help acted in such a manner.
(4) UNDER the above circumstances we direct that the family of Ram Swaroop who is dead will be paid Rs. 50,000.00 as compensation, which will be invested in some scheme under the Life Insurance Corporation, so that the destitute family may get some amount monthly and the money may also be kept secured. It is also directed that petitioner 2 Patasi who was stripped of her clothes at the police station, shall be paid Rs. 500.00 as compensation and the 8 other persons namely (1 Dandwa (2 Ram Prasad (3 Jaipal (4 Mahavir (5 Kannu (6 Munsjia (7 Hukka and (8 Pratap, who were taken in the police station without being paid for their work will be paid Rs. 25.00 each. It is directed that after investigation and inquiry officers who are found guilty, the amount paid as compensation or part thereof may be recovered from these persons out of their salaries after giving them opportunity to show cause.
(5) THIS order will not prevent any lawful action for compensation. But in case some compensation is ordered by a competent court, this will be given credit to.
(6) THE Writ Petition are disposed of accordingly.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.