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2000 Supreme(Kar) 494

Karnataka High Court
Smt.Soubhagya - Appellant
Versus
Chief Secretary, State of Karnataka - Respondent
Decided On : 08-14-00
W.P. : 28987 of 1995

Advocates:
C.M.MONNAPPA, M.MAHADEVAIAH, N.Samba Murthy, S.N.ASHWATHANARAYANA

Headnote:

CUSTODIAL DEATH - COMPENSATION - POLICE PERSONNEL - LIABILITY - STATE LIABILITY - PRINCIPLES.

Fact of the Case:

The petitioner, a young widow, filed a writ petition seeking compensation for the custodial death of her husband, Nanjunda, who was allegedly tortured and killed by police personnel while in custody at the Mahalakshmi Layout Police Station. The petitioner also sought action against the erring police personnel and a suitable job for herself.

Finding of the Court:

The court found that the petitioner's husband died in police custody due to torture and other illegal acts committed by the police personnel. The court held that the state was liable to pay compensation to the petitioner and her son for the unlawful death of Nanjunda.

Issues: 1. Whether the state is liable to pay compensation for the custodial death of a person. 2. Whether the police personnel involved in the custodial death can be held liable for their actions. 3. Whether the petitioner is entitled to a suitable job in the government.

Ratio Decidendi: 1. The state is liable to pay compensation for the custodial death of a person as it is a violation of the fundamental right to life guaranteed under Article 21 of the Constitution of India. 2. The police personnel involved in the custodial death can be held liable for their actions as they are public servants and are duty-bound to protect the rights of citizens. 3. The petitioner is entitled to a suitable job in the government as a means of rehabilitation and to provide her with a source of livelihood.

Final Decision: The court directed the state government to pay compensation of Rs. 5 lakhs to the petitioner and her son. The court also directed the state government to take disciplinary action against the police personnel involved in the custodial death and to consider the petitioner's request for a suitable job in the government.

( 1 ) THIS is a pathetic case of a young widow aged about 22 years has filed this writ petition seeking for issuance of a writ of mandamus directing the respondents to pay compensation of Rs. 5 lakhs together with interest at 18% p. a. from the date of custodial death of Sri Nanjunda the husband of the petitioner and further sought for direction to the State Govt. to give a suitable job to the petitioner for having lost her husband Sri Nanjunda in the custodial death case at her young age. Further the petitioner has sought for issuance of an appropriate direction to the first and second respondents to take appropriate action against the erred police personnel and officers who are responsible for causing custodial death of her husband late Nanjunda at Mahalakshmi Layout Police Station, Bangalore (hereinafter referred to Police Station in short) and further direct them to hold an enquiry against all the Police Personnel who have been arrayed as accused persons in the Criminal Case C. C. No. 16457/1998 before the Addl. CMM Court Bangalore by an independent agency and prosecute them, urging various facts and legal contentions.

( 2 ) THE petitioner is a legally wedded wife of late Nanjunda. Out of their lawful wedlock, she got one male child who was aged 4 years at the time of filing this writ petition. It is stated that, the petitioner and her late husband were leading a happy marital life. Petitioner's late husband was working as a weaver in a Power Loom Factory at Bangalore, he was earning Rs. 1,500/- to Rs. 2,000/- p. m. and was maintaining his family including his aged mother Smt. Gangamma and his father Sri N. Rudrappa.

( 3 ) IT is alleged by the petitioner that, on 13-2-1993 at about 8 p. m. , the 5th respondent Sri Gopal, Sub-Inspector of Police (Crime), G. R. Hanumaiah, Head Constable (Metal No. 2050) and Sri P. Ravikumar S/o Sri Purushotham, of the above said police station came to the house of the petitioner and forcibly took the husband of the petitioner Sri Nanjunda to the Police Station without assigning any reason whatsoever and kept him under illegal custody without registering a case against him. It is her further case that the petitioner was visiting the Police Station every day eversince from the date of her late husband was illegally arrested and she has been making repeated requests to the concerned Police Personnel of the Police Station to release her husband from illegal custody. The Police personnel by one way or the other were demanding money from her for his release without registering a case and he was subjected to torture by using third degree methods and caused external injuries on his vital parts and kept him in the police custody without producing him before the Court.

( 4 ) IT is the case of the petitioner that, she has been regularly visiting Police Station everyday for giving breakfast and food. On every visit, whenever she visited the Police Station for supplying food to her late husband, the police personnel used to collect Rs. 20 to 50 from her to enable her to provide food to her husband. It is alleged that on account of atrocities and torture, late Nanjunda was miserably suffering from pain and shock due to internal and external injuries caused in the Police Station by the Police Personnel by name :1) K. B. Bettegowda, Circle Inspector of Police,2) Gopal, Sub-Inspector of Police (Crime),3) G. R. Hanumaiah, Head Constable (Metal No. 2050),4) Narasimhaiah, Police Constable (PC 4205),5) P. Ravikumar, S/o Purushotham (PC 6082),6) Maregowda, Police Constable (PC 2602),7) Srinath, Police Constable (PC 6671 ).

( 5 ) IT is the further grievance of the petitioner that, she has submitted a complaint to the Asst. Commissioner of Police, Malleswaram Division, Bangalore against the abovesaid Police personnel narrating the illegal detention and the torture meted out by her husband in the hands of the Police Personnel of the abovesaid Police Station. The said Asst. Commissioner of Police instead of taking ac


































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