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VINOD S. BHARDWAJ
Kamlesh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Vinod S. Bhardwaj, J. (Oral)
Challenge in this petition is to the order dated 16.1.2014 (Annexure P-9) passed by the Additional Chief Secretary to the Govt, of Haryana, Department of Home whereby claim of the petitioners for compensation on account of murder of their respective husbands while in police custody, had been prayed for.
2. Learned counsel for the petitioners contends that the petitioner Nos.1 and 2 are widows of Shri. Bhagwan and Dilbag sons of Chhaju Ram respectively and that their husbands had been taken into police custody in case FIR No.264 dated 23.10.2008 registered under Section 147 ,149, 323, 302, 307, 449 and 120B and 216 IPC and 25-54-59 of the ARMS ACT , at Police Station Sampla, District Rohtak. Deceased Dilbagh Singh son of Chajju Ram had moved an application dated 12.12.2008 before the Court of Judicial Magistrate 1st Class Rohtak for providing escort vehicle and special guards while being brought for appearance in the courts apprehending danger to their life. After considering the said application, the Superintendent District Jail, Rohtak was directed to take proper steps and to provide appropriate extra precaution by deploying sufficient number of
State is liable for failing to protect individuals in police custody, requiring compensation for unnatural deaths under Article 21.
The state is strictly liable for unnatural deaths in custody, necessitating compensation for the victim's family under Article 21 of the Constitution.
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.
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 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....
Compensation for custodial death necessitates proof of unnatural death; not every death in custody qualifies under the compensation scheme.
The court emphasized the importance of evidence in proving unnatural death or negligence, highlighted the challenges of examining disputed questions of facts in a writ petition, and noted the limitat....
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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