The police are liable for the death of a person in custody if they have not followed the guidelines issued by the Supreme Court for arrest and detention, and the deceased was not named as an accused in any criminal case.

M.Y.Eqbal, J.

1. In this writ application the petitioner who is the widow of late Parasnath Singh, has prayed for issuance of an appropriate writ directing the respondents to compensate her suitably as her husband died on account of torture of the respondents and further for appropriate direction commanding upon the respondents to initiate criminal prosecution against the concerned police officials who assaulted the deceased husband of the petitioner as a result of which he died in custody.

2. The petitioners case, inter alia, is that her husband was a farmer who died on 18.7.98 due to excessive torture by the police personnels leaving behind the petitioner as widow and three sons and one daughter. It is alleged that on 18.7.98 at about 10 A.M. the Sub-Inspector of Police, Surendra Prasad Singh, Devilal Prasad, Inspector of Police, Dinanath Raja, Dy.Superintendent of Police, Sadar B.Circle, Headquarters, Daltonganj, constables of CRPF along with the Asstt. Commandant with other forces came to the house of the petitioner and entered into the house of the petitioner without any warrant and caught the husband of the petitioner. When she resisted against the alleged action of the respondents and other constables, she was subjected to assault by the said persons. The members of the police party broke open the lock of the boxes and looted the omaments which had been given by her father at the time of marriage. Petitioners further case is that after taking away and destroying the articles kept in the house, the members of the police force came out from the house of the petitioner where several villagers protested against the illegal confinement of the husband of the petitioner. It is alleged that the respondents, with the help of other members of the force, surrounded the house of the petitioner and started assaulting him by means of danda and butt of rifles. It is alleged that one Birendra Singh protested the police personnels but he was also assaulted by the respondents. Due to assault when her husband fell down on the ground, his body was taken away by the constables, as directed by the respondents. The respondents, thereafter, threatened the villagers that if anybody comes in their way, he would also be subjected to the same fate as the husband of the petitioner. It is alleged that in presence of the villagers the husband of the petitioner was mercilessly assaulted by the respondents as a result of which the condition of her husband became serious. Thereafter, the husband of the petitioner, under the custody of the respondents, was kept in the police picket situated near the village where again the husband of the petitioner became target of assault by the respondents. The petitioner alleges that her father-in-law and brother in-law seriously protested and requested to release the deceased husband of the petitione. as there was no case pending against him but the respondents neither showed any paper nor released the husband of the petitioner, rather, became very furious. It is further alleged that the incharge of the police picket also requested the respondents either to stop torturing or to go outside the jurisdiction of the picket because if the person will die, he would be held responsible for that. Accordingly, the respondents came out from the picket along with the husband of the petitioner and near the picket itself the respondents, with the help of constable, put a heavy piece of wood on the chest of the husband of the petitioner and asked where he had concealed the L.M.G. Thereafter, the respondents stood up on the piece of wood which was put on the chest of her husband. One of the respondents inserted pieces of clothes into the mouth of her husband and due to that reason the husband of the petitioner became senseless. Thereafter, the respondents returned with the senseless body of the husband of the petitioner to the way of Panki. The petitioner has alleged that she along with her children and relatives rushed to