State is liable for failing to protect individuals in police custody, requiring compensation for unnatural deaths under Article 21.

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 security guards while producing the deceased husbands of the petitioners before the court in the said trial and/or before any other court. It was also contended that such apprehension about elimination was also addressed by the deceased husbands of the petitioners on 5.7.2011 before the Additional Sessions Judge, Rohtak and it was informed that they were receiving threatening calls against their lives despite being in judicial custody at Bhondsi Jail. They also sought transfer of their Jail from Gurgaon to Rohtak and to provide special guards as well. A similar request was also made by family members of the deceased on 18.07.2011 before the Additional Sessions Judge.

However, on 10.3.2012, when the deceased husbands of the petitioners were being taken back to prison, after producing them in court, the prison van was intercepted at about Naurangapur turn from Rohtak to Bhondsi Jail around 3:15 p.m. A large number of persons opened attack with fire arms in which incident, Shri. Bhagwan and Dilbag husbands of the petitioners were killed while in police custody. A case FIR No.165 dated 10.3.2012 was registered at Police Station, Jhajjar about the above said incident. It is averred that as per the postmortem conducted, the cause of death was head injuries and its complication alongwith injuries on the vital organs which were caused by the fire arms. The said injuries were anti mortem in nature and were sufficient to cause death. The petitioners thus prayed for compensation to be awarded for loss of their husbands who were killed for lapse of the respondents-State to take adequate security measures to protect the life and liberty of the persons who were in their custody.

3. Reply by way of an affidavit of Assistant Superintendent of Police, Sampla had been filed on behalf of respondents No. 1 to 5 wherein the occurrence of the incident in question remains undisputed. It is however averred that the petitioners have an alternative efficacious remedy to approach the District /State Legal Services Authority as per the provisions under Section 357 (A) Cr.P.C. for grant of compensation. The quantum of compensation may accordingly be determined by the competent authority.

4. A separate reply on behalf of respondent No.6 i.e. CBI has also been filed wherein the CBI has expressed that there is no complexity involved in the case as would warrant any investigation by the CBI. The State Police is well equipped with trained investigating officer to handle such type of cases.

5. An additi