Prima facie evidence of death due to beating in police custody warrants prosecution and compensation.

JUDGMENT :

1. This writ petition under Article 32 of the Constitution of India has been filed by the mother and brother of one Amrik Singh who had been arrested by the Police and was found dead in police lock-up at Police Post Sadhrana on the morning of May 11, 1995. The said death was shown as a cause of suicide. The case of the petitioners is that deceased Amrik Singh had actually been tortured by the police while he was in custody and his death was as a result of the injurious inflicted on him while he was in police custody. In view of the seriousness of the allegations that have been made by the petitioners, this Court by order dated August 21, `the CBI') to cause an enquiry to be made in the circumstances relating to the death of Amrik Singh in police lock-up. In pursuance of the said directions, the CBI has conducted an enquiry and a report has been submitted by Shri Kewal Singh, S.F., CBI on June 28, 1996. We have perused the said report. It shows that prima facie, on the basis of the material collected by the CBI, the death of Amrik Singh was not due to suicide but was on account of beating while he was in police custody. It is, therefore, directed that the CBI will proceed with the prosecution of the persons against whom a prima facie case has been found during the enquiry. The concerned officer in the CBI may also move the Government of Punjab for taking suitable action the officers referred to in the said report.

2. Having regard to the facts and circumstances of the case, we are satisfied that this is a fit case in which petitioner No.1, the mother of deceased Amrik Singh, should be suitably compensated for the death of Amrik Singh while in police custody. We, therefore, direct the respondent-State to pay a sum of Rs. 2 lakhs to petitioner No.1, Smt. Kaushalya, by way of such compensation. The said amount shall be paid within one month. The report of the CBI may be kept in a sealed cover. The writ petitions are disposed of accordingly.