The state is strictly liable for unnatural deaths in custody, necessitating compensation for the victim's family under Article 21 of the Constitution.

JUDGMENT :

SHEKHAR B. SARAF, J.

The present writ petition has been filed under Article 226 of the Constitution of India wherein the petitioner has prayed for the issuance of a writ of mandamus commanding the respondents to pay just and adequate compensation to the petitioner on account of unnatural death of her minor son (Sukhvinder) on February 20, 2024 in District Prison Pilibhit. The petitioner in furtherance seeks direction in the nature of mandamus commanding the respondents to ensure action against the guilty persons, who are responsible for the unnatural death of the son of the petitioner.

FACTS

1. The factual matrix of the present writ petition is delineated below:

a. A criminal case bearing case no. 742/2016, under Sections 363, 366 and 376 of IPC and 3/4 of the POCSO Act, P.S. Puranpur, District Pilibhit was registered against the minor son of the petitioner, for which he had already undergone imprisonment for about three years and ten months and was enlarged on bail on February 12, 2022.

b. Petitioner’s son was required to appear before the trial court, but due to unavoidable circumstances, he could not appear. Consequently, he was arrested by the police on February 7, 2024 in execution of a warrant and thereafter detained in jail.

c. On February 20, 2024, the petitioner was informed by the respondents that her son had died in custody. Before handing over the dead body to the family for cremation, a Panchnama and Post Mortem examination were conducted on the same day. The Panchnama indicated that the deceased had died on account of hanging by a muffler and the post mortem report disclosed the cause of death of the deceased as ‘asphyxia due to antimortem hanging’ with the presence of ligature mark on the neck.

d. The petitioner was informed by respondent authorities about the various financial beneficial schemes and was assured for the grant of the same vide letter dated February 22, 2024.

e. On October 5, 2024, an inquest report to inquire into the cause of death of the deceased was submitted by Judicial Magistrate in accordance with Section 176 CrPC (corresponding Section 196 BNSS), after taking into consideration the Panchnama and Post Mortem report. It was observed therein that the deceased had succumbed to suicide by hanging himself and it was further noted that no external injury of any kind was found on the body of the deceased. Additionally, it was observed that no information regarding harassment and instigation by jail authorities had been given by the jail inmates.

f. The National Human Rights Commission, after considering the panchnama, inquest report, and post mortem report furnished by the jail authorities, vide order dated October 10, 2024, directed payment of compensation of Rs. 3,00,000/- to the nearest family member of the deceased.

g. In pursuance thereof, the State issued a letter dated November 21, 2024 to the Director General of Police, Prison Administration, communicating the direction of NHRC to pay compensation to the next of kin of the deceased prisoner and submit an inquest report with regard to the same as soon as possible.

h. The petitioner moved an application dated December 6, 2024, seeking compensation on account of the unnatural death of her son.

i. Being aggrieved by the inaction on the part of the respondents in not granting compensation to the petitioner for the unnatural death of her son while in custody of District Jail, the writ petitioner has come before this Court by filing the present writ petition.

CONTENTIONS OF PETITIONER

2. Learned counsel appearing on behalf of petitioner has made the following submissions:-

a. The minor son of