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2012 Supreme(P&H) 567

M.M.KUMAR, ALOK SINGH
Sukhwinder Kaur – Appellant
Versus
State of Punjab – Respondent


JUDGMENT

Mr. M.M. Kumar, ACJ.: - A short question of law which arise for determination is whether the husband of the petitioner has been unfairly treated at the hands of the police of the respondent State while in its custody in case FIR No. 50, dated 25.3.2001, under Sections 15/61/85 of the NDPS Act, registered at Police Station Sadar, Khanna, and if so, what would be the amount of compensation payable to her.

2. The petitioner has challenged the order dated 22.7.2005, passed by the Punjab State Human Rights Commission (for brevity, ‘the Commission’), rejecting her claim for compensation as a result of death of her husband Nahar Singh in police custody (P-2). A direction has been sought to the respondents to grant her compensation for the negligent act of the police for not providing proper medical care to her husband while he was in police remand.

3. Brief facts of the case are that on 25.3.2011, the husband of the petitioner, namely, Nahar Singh was arrested by the police in case FIR No. 50, dated 25.3.2001, under Sections 15/61/85 of the NDPS Act, registered at Police Station Sadar, Khanna. On 26.3.2001, Shri Banarsi Dass, ASI-respondent No. 5, who was the then SHO, Police Sta



















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