The court established the principle of granting appropriate relief in case of deprivation of constitutional guarantee of life and personal liberty, and applied parameters from motor accident claim cases to calculate compensation for custodial death, considering contributory negligence.

JUDGMENT

Raj Mohan Singh, J. - Petitioners have preferred this writ petition for the issuance of an appropriate writ in the nature of mandamus, directing the respondents to pay compensation of Rs.2 crores to the petitioners for the custodial death of Mohinder Pal @ Bittu in New District Jail, Nabha, District Patiala on 22.06.2019.

2. Deceased Mohinder Pal @ Bittu was confined in New District Jail, Nabha in FIR No.89 dated 13.06.2018 registered under Section 295-A I PC at P.S. City Kotkapura, District Faridkot. Petitioner No.1 is father of the deceased. PetitionerNo.2 is widow and petitioners No.3 and 4 are the sons of the deceased.

3. Deceased Mohinder Pal @ Bittu was in judicial custody in the aforesaid Jail. On 22.06.2019, as per prosecution case, the private respondents committed murder of Mohinder Pal Bittu in the jail premises. Initially, two persons namely Mohinder Singh @ Jumma and Gursewak Singh @ Bhoot were named in the FIR No.101 dated 22.06.2019 under Sections 302/34/120-B IPC in P.S. Sadar Nabha, District Patiala. Thereafter two other accused namely Jaspreet Singh and Lakhbir Singh were nominated during course of investigation. Consequently, challan was presented against four accused persons and they are facing trial.

4. The cause of death of Mohinder Pal @ Bittu was found to be head injury leading to shock which was ante-mortem in nature. Viscera of the deceased was also sent for chemical examination in order to rule out any kind of possibility of intoxication.

5. As per reply filed by way of affidavit of Manjit Singh Tiwana, PPS Superintendent, New District Jail, Naha on behalf of respondents No.1 to 3, the deceased Mohinder Pal @ Bittu was also involved in other cases bearing FIR No.33 dated 07.03.2011 registered under Sections 283/353/186/427/323/436/148/149 IPC & Public Property Act, Police Station City-1 Moga, FIR No.93 dated 30.08.2017 registered under Sections 435/436/448/451/148/149/120-B IPC & 3/4 of the Public Property Act at Police Station City Fazilka and R.C. No.13(S) of 2015/CBI/SC-lll/New Delhi registered under Sections 295-A/380 IPC at Police Station CBI, SC-III, Delhi. Deceased was under trial along with his co-accused and was kept in special separate block in jail premises. His block was segregated from other common prisoners. Jail Authorities regularly visited them. On 22.06.2019, in the evening, Mohinder Pal @ Bittu and his accomplice inmate Rajveer Singh came out of their block without permission. They were accompanied by PESCO employee posted for security at the block. The Jail employee posted at the gate of the ward sent them back as they could not have been sent out of the block without permission of the senior officers. When PESCO employee was taking both the prisoners back to their block and when they entered the common passage outside the special block where other prisoners were also present, convict Gursewak Singh @ Bhoot and Maninder Singh @ Jumma attacked both the prisoners, during which the accused Mohinder Pal @ Bittu sustained head injuries. Jail employees with the help of other prisoners apprehended the assailants and rescued the other inmate Rajveer Singh. The then injured Mohinder Pal @ Bittu and inmate Rajveer Singhwere sent to Jail Hospital and thereafter the then injured Mohinder Pal @ Bittu was referred to Civil Hospital, Nabha by the Jail Medical Officer. Mohinder Pal @ Bittu was declared dead at the Civil Hospital, Nabha.

6. According to the stand taken by respondents No.1 to 3, adequate security measures were taken in the jail premises. The deceased was kept in an isolated block from other inmates and jail officers were visiting them regularly. The inmates were told not to leave their block without prior permission of the jail officials. FIR No.101 was registered on 22.06.2019 under Sections 302, 34, 120-B IPC at P.S. Sadar Nabha against inmates Gursewak Singh @ Bhoot, Maninder Singh @ Jumma and thereafter other prisoners namely Jaspreet Singh @ Nihal Baba, Lakvir Singh @ Lakha