The court discussed the legal provisions related to compensation in custodial death cases and applied the principles of compensation applicable in the Motor Vehicles Act to determine the compensation payable to the petitioners.

JUDGMENT :

1. The petitioners have filed the present petition for directing the respondents to pay compensation of Rs. 13 lacs to the petitioners for the custodial death/killing of their son-Tarsem Lal along with interest @12 % per annum with effect from 17.02.2007 till the date of final payment and further prayer has also been made for directing the respondents to give Government Employment to one of the sons of the petitioners as assured by the respondents.

2. It is stated that the son of the petitioners, namely, Tarsem Lal, aged 18 years was picked-up/arrested from the residence of the petitioners on 17.02.2007 at about 8.00 A.M by the Police of Police Post, Phallian Mandal (Makwal) under the jurisdiction of Police Station, Satwari on the basis of one false complaint made by the neighbour. The petitioners alongwith other villagers reached the Police Post on the same day at about 9.30 AM and found their son in an unconscious condition and marks of violence were also visible on his body. When the petitioners asked the reason for the arrest of their son and cause of injuries on his body, no reply was given by the then In-charge Police Post, Phallian Mandal (Makwal). The petitioners and other villagers, who had gathered there, raised hue and cry. Their son was taken to the Sub-District Hospital Sohanjana, Jammu, where he was declared by the Doctors, as brought dead. The Magisterial Enquiry was ordered and the Magistrate was directed to submit a report within one week and the Administration also constituted a Medical Board to conduct the post-mortem of the deceased Tarsem Lal. Pursuant to the Government order No. Home/09/2007/ISA dated 19.02.2007, Mr. Sourabh Bhagat, IAS, the then Additional District Development Commissioner, Jammu was appointed as Inquiry Officer to conduct a Magisterial enquiry into the alleged custodial killing of Tarsem Lal. The Inquiry Officer conducted the enquiry and after recording the statements of different witnesses arrived at the conclusion that Tarsem Lal, son of petitioners had died in Police Custody and a case of custodial death/killing was prima facie established against the Police officials of Police Post, Phallian Mandal (Makwal).

3. The Inquiry Officer submitted his report to the Government vide letter No. ADDGJ/1756 dated 09.03.2007. The Jammu and Kashmir Government, Home Department vide order No. Home/205 (ISA) of 2007 dated 26.04.2007 accepted the report of the Inquiry Officer and ordered the Director General of Police, Jammu and Kashmir to register a case of custodial death under the relevant provisions of law against the Police Personnel of Police Post, Phallian Mandal(Makwal), who were on duty on the day of occurrence. The Jammu and Kashmir Government vide order dated 26.06.2007 issued by the Principal Secretary to Government, General Administration Department accorded ex-post facto sanction to the confirmation of the action taken by the Deputy Commissioner, Jammu in respect of ex-gratia relief for an amount of Rs. one lac granted in favour of the next kin of the deceased-Tarsem Lal.

4. The case projected by the petitioner in the present petition is that the State is under obligation to protect the life, liberty and property of its citizens and cannot take away the life of any individual without any reason and failure to discharge its obligation has the effect of rendering the State liable to compensate the victims or their dependents. The petitioners have claimed the compensation of Rs. 10,80,000/- as the financial loss suffered by the petitioners due to untimely demise of their son, as he was running the dairy business and the petitioners were fully dependent on him. The deceased was earning Rs. 9000/- to 10,000/- per month from the said business, which was the only source of livelihood for the whole family. The petitioners further claimed Rs. 2 lacs as compensation for mental harassment as the petitioners have suffered a great mental agony and shock at the hands of police officials, as th