The state is liable to pay compensation in cases of custodial death, and the decision to transfer a case to the CBI depends on the facts and circumstances of each case.

Uma Nath Singh, J.

1. This writ petition under Articles 226 and 227 of the Constitution of India has been filed by the mother of deceased Anil Kumar, who is alleged to have died in police custody, with the following prayers :

"(a) issue a writ of mandamus directing the respondents 1 to 5 for registration of a criminal case against respondent No. 6 and others, and also for handing over the investigation qua the same to any independent investigating agency, viz CBI, under the Delhi Special Police Establishment Act, 1946 ;

(b) to issue a suitable writ, order or direction especially in the nature of certiorari to quash FIR No. 282 dated 11.7.2007 (Annexure P-5) lodged at PS Manimajra, Chandigarh, at the instance of respondent No.6 being illegal, concocted and without jurisdiction, hence being void ab initio;

(c) issue writ in the nature of mandamus, order or direction, directing respondents 1 to 6 to compensate the legal heirs of deceased (Anil Kumar);

(d) prayer for issuance/initiating contempt proceedings against respondent No. 6 for violation of Honble Supreme Courts orders/directions;

(e) exempt from filing the certified copies of Annexures P-1 to P-8 annexed with the present writ petition;

(f) summon the police records qua the present case pursuant whereto and in furtherance whereof custodial death of Anil took place;

(g) issue any other appropriate writ, order or direction, which this Honble Court may deem just and proper, keeping in view the peculiar facts and circumstances of the case;

(h) award the costs of the present writ petition in favour of the petitioner and against the respondents, and

(i) during the pendency of the present writ petition, the respondents may kindly be directed to pay interim compensation to the dependents of deceased Anil, in the interest of justice, equity and fair play."

1. A brief background of the incident :

(a) As per records of the case, it appears that the deceased left home on 11.7.2007 for his work place. At 7.00 PM ,the same day, his family members were informed by a beat Constable that the deceased had met with an accident. On enquiry, they were informed by the doctors of PGI, Chandigarh, that the deceased died at 5.30 PM. On further enquiry, family members of the deceased learnt that he was taken in custody on suspicion as also vide the statement of Constable Harpinder Singh No.2765/CP recorded under Section 161 Cr.P.C., who has mentioned that on the date of incident at about 12.00 PM, he left the police station for his beat in Madiwala Town, Manimajra and thereafter at about 12.30 PM, he left for his residence (House No. 5555/2, Modern Housing Complex, Manimajra), and when he was in front of House No. 5562, he met the complainant a lady Constable Smt. Surjit Kaur and constable one Shri Rajinder Kumar, a resident of the same Housing Complex, Manimajra, along with deceased Anil Kumar. He was informed that the deceased had since long been looking at the parked vehicles and was sitting near the water meter. They gave him a written complaint against the deceased and, there after, he took the deceased along to the Police Station on his scooter at about 1.00 PM. He took him to A/MHC Sukhminder Singh and informed him about suspicious circumstances, and mentioned his name as Anil Kumar and also showed him the complaint/application. The Police Constable as directed by the MHC took the deceased to SI Narinder Singh on the first floor of the police station. The constable thus handed him over to the SI a respondent herein and then left for his residence. This fact is also mentioned by HC Sukhminder Singh, Addl.MHC of Police Station, Manimajra, in his statement before the Investigating Officer on 11.8.2007 that the deceased was brought to the police station at 12.57 PM and he had directed the Constable concerned to take the deceased to the room of SI Narinder Singh on the first floor and thereafter, he was informed by HC Kanwar Pal Singh No. 2556/CP, MHC, at about 3.00 PM that the boy had ju