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SANJAY KUMAR DWIVEDI
Urmila Devi, wife of Late Ayodhya Mahto – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Sanjay Kumar, learned counsel appearing for the petitioner and Mr. Binit Chandra, learned A.C. to A.A.G.-III, appearing for the State.
2. This petition has been filed for a direction upon the authorities to hand over the case to any other independent agency, particularly the CBI, considering that the husband of the petitioner was put to death in police custody, in connection with Lesliganj P.S. case No. 19 of 2015, which was instituted on the basis of the complaint case No. 1333 of 2014, which was sent under Section 156(3) of the Cr.P.C. and thereafter the said case was registered, now the case is pending in the court of learned C.J.M., Palamu at Daltonganj.
3. Mr. Sanjay Kumar, learned counsel appearing for the petitioner submits that the petitioner is the wife of Late Ayodhya Mahto, resident of Village-Lukuwa, P.O.-Ambabar, P.S.-Pipratar, District-Palamau. He submits that on 09.09.2014 when the petitioner was present in her house with her husband Ayodhya Mahto, the Officer-in-Charge of Lesliganj Police Station Nirmal Oraon has come to the house of the petitioner along with constables Mukesh Singh, Raghunath Paswan and Chaitu Ram and asked her husband to produce
The State has a constitutional obligation to ensure the safety of individuals in police custody; custodial deaths demand scrutiny and compensatory measures for rights violations.
Court established that mere allegations of custodial torture are insufficient; claims must be substantiated by evidence of violation of fundamental rights to warrant compensation.
The judgment establishes the need for stringent action against custodial torture and the failure to curtail such incidents, emphasizing the findings of the learned Judicial Magistrate and the governm....
The main legal point established in the judgment is the court's authority to award compensation for custodial torture under Article 226 of the Constitution of India, and the calculation of compensati....
The State is responsible for tortuous acts of its employees, and the award of compensation against the State is an appropriate remedy for the infringement of fundamental rights under Article 21 of th....
The court underscored the state's liability for custodial deaths and established a precedent for compensating victims against police violence.
The court emphasized the necessity for independent investigations into custodial deaths and affirmed the intrinsic protection of the right to life under Article 21, mandating scrutiny in cases of sus....
The main legal point established in the judgment is the principle of strict liability for the negligence of the police in cases of custodial deaths, emphasizing the fundamental rights of prisoners an....
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....
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