State liability arises for custodial deaths due to police negligence, affirming the right to compensation under Article 21.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

Heard Mr. U. Deka, learned counsel for the petitioner. Also heard I. Riram, learned Government Advocate appearing on behalf of the respondent nos. 1, 2 & 4 and Mr. T. Ete, learned Addl. Public Prosecutor appearing on behalf of the respondent nos. 3, 4 & 6.

2. The petitioner, by way of instituting the present proceeding has prayed for a direction upon the respondent authorities to pay adequate compensation for the custodial death of her son in Naharlagun Police Station lockup.

3. The facts requisite for adjudication of the issue arising in the present proceeding is noticed as under:-

The petitioner herein, is the mother of late Abhijit Deka (Michael Deka), who is contended to have been arrested by the police of Naharlagun Police Station at 10.08.2015 at around 10.20 PM from his village situated at Parbotipur, under Harmoti Police out Post. It is contended that neither the petitioner nor her other family members were informed by the police about the reason for taking away her son. It is contended that subsequently, on enquiry, the family members could came to learn that the son of the petitioner was arrested in connection with Naharlagun P.S. Case No. 126/2015, under Section 22 of the NDPS Act. It is contended that on 13.08.2015 at around 6.30 PM, the petitioner and her family members were informed on phone that the son of the petitioner had committed suicide at around 4.00 PM on 13.08.2015, inside the police lockup. The petitioner and other family members of the deceased Abhijit Deka, alias Michael Deka, proceeded to Naharlagun Police Station after lodging an FIR at Laluk Police Station, Assam, against the Office In-charge, Naharlagun Police Station. It is contended that on reaching Naharlagun Police Station, at around 5.30 AM on 14.08.2015, the petitioner was taken to a damaged house, wherein the body of her deceased son was kept. It is contended by the petitioner that the body of her deceased son had decomposed and bad smell was coming out from the dead body and she apprehends that her son was murdered, prior to 13.08.2015.

It is contended that report, under Section 176 Cr.P.C., was prepared by the learned Chief Judicial Magistrate, Capital Complex, Yupia, and therein, it is stated that the body of the son of the petitioner was found hanging from the ventilation through a blue colour cloth (sporting) tied on neck, inside the police lockup of Naharlagun Police Station, which was contended to be locked from outside. The petitioner, further projected that although the inquest report submitted by the learned Chief Judicial Magistrate, Capital Complex, Yupia, had stated that the body of the son of the petitioner was found hanging from the ventilation through a blue colour cloth by (sporting) tied on neck, however, in a WT message issued by the Officer In-charge, Naharlagun Police Station to the Superintendent of Police, Capital Complex, Itanagar, it was projected that the son of the petitioner hanged himself from the door of lock by his shirt. Such contradiction, in the manner in which the body of the deceased son of the petitioner was found was contended to have given rise to an apprehension that the son of the petitioner was murdered outside the lockup and thereafter, he was hanged in the manner his body was so found.

The petitioner has further contended that they had moved before the Member Secretary, District Legal Services Authority (DLSA), Papumpare District, Arunachal Pradesh, praying for grant of adequate compensation in relation to the custodial death occasioning to her son. It is contended that although a recommendation in this connection was made by the Member Secretary, DLSA, Papumpare District, to the Member Secretary, A.P. State Legal Services Authority (SLSA), Arunachal Pradesh, for release of Rs. 2,00,000/- (Two Lakhs) to the husband of the petitioner herein, on account of custodial death occasioning in respect of their son, no such amount has been released to the petitioner. Being ag