The main legal principle established in the judgment is the State's liability to provide ex gratia compensation for custodial deaths, as well as the violation of fundamental rights under Article 21 of the Constitution of India.

JUDGMENT :

SHRIKANT D. KULKARNI, J.

Rule. Rule made returnable forthwith. Heard finally with the consent of both the sides.

2. The petitioner is seeking ex gratia compensation to the tune of Rs. 10 lakhs on account of custodial death of his son namely Kiran Rokade, coupled with prayer to direct respondent No. 1/State to register F.I.R. against the concerned guilty police officials in respect of custodial death of Kiran and add offence under Section 302 of Indian Penal Code in F.I.R. as against added respondent Nos. 9 to 13 and further direct respondent No. 2/Superintendent of Police, Ahmednagar to initiate departmental enquiry against the added respondent Nos. 9 to 13.

3. The brief facts necessary for adjudication of this petition in brief are as under :-

On 31-3-2016, the petitioner came to know from his another son namely Ravindra that Police Officer had taken away his son Kiran to Police Station, Shirdi. The petitioner, his wife and his son rushed to Police Station, Shirdi. Akash (nephew) and his friend Vivek had already reached at Police Station for their personal work. Kiran was sitting on the ground in the Police Station and three to four police officials were making enquiry with Kiran. The petitioner and his wife were standing before the room of P.S.O. The Police Officer did not allow them to meet Kiran and sent them back. After some time, the Police Officer taken one tack covered in the blanket. While putting it in the police vehicle, Kiran was in the tack covered in the blanket. The petitioner and his other family members witnessed that scenario. The Police Officer did not allow to make any enquiry and rushed to Saibaba hospital. The petitioner followed them by motorcycle. The petitioner reached to the hospital and saw that Doctor asked to petitioner to leave the room and after some time, the Doctor disclosed him that Kiran is dead.

4. According to the petitioner, on 31-3-2016 about 11.00 a.m., the temple protection Police Officers namely Mr Rakshe and Mr Pimpale of Shirdi Police Station caught his son Kiran on the suspicion of pick-pocketing. The officials of the Shirdi Police Station namely Hawaldar Rajjaq Shaikh, Naik -Mane, Avhad and other officials alleged to have assaulted brutally and killed Kiran. The petitioner rushed to Police Station, Shirdi for lodging the complaint but Police Officer avoided to register the F.I.R. On 1-4-2016, the petitioner filed complaint to the Superintendent of Police, C.I.D. Crime Branch, Pune about death of his son Kiran in Police lock up. The petitioner took follow up so as to register the F.I.R. against the Police officials regarding custodial death of his son. So also, requested for post mortem examination. The petitioner also informed to the Medical Director of Saibaba Sansthan, Shirdi on 31-3-2016 that he will not take the custody of his son who died in custody and will not perform funeral ceremony unless post mortem examination and enquiry is conducted. Ravindra Rokade, who happens to be elder son of the petitioner, made representation to the Prima Minister, Governor and other top most Officers to take action on the complaint given by his father on 1-4-2016. After much follow up, the post mortem on the corpse of Kiran was conducted on 1-4-2016 about 12.00 to 2.00 p.m. at Sasoon Hospital, Pune.

5. According to the petitioner, Kiran was only 15 years old and could not have been arrested and kept in the custody. The parents or relatives of Kiran were not informed in respect of his custody. There is no entry in the concerned register. No arrest panchnama was conducted, C.C.T.V. cameras were deliberately switched off and dead body was taken to the hospital and thereafter, the concerned Officer ran away. According to the petitioner, his son Kiran died in police custody/police lock up due to assault of Police Officers. According to the petitioner, Deputy Superintendent of Police Mr Vivek Patil, P.I. Pramod Wagh, Police Naik Mane, Police Avhad and P.S.O. Ayyub Shaikh Rajjaq Shaikh are respo