Custodial torture leading to death violates Article 21; State is liable for compensation due to vicarious liability for its officials' actions.

JUDGMENT AND ORDER

S.G. Chattopadhyay, J. - In this writ petition, a prayer has been made to call upon the State to pay compensation for the death of Jamal Hossain who died due to custodial torture in police lockup during the intervening night between 14.09.2021 and 15.09.2021. The writ petitioners are the wife, mother and children of the deceased who have made the following prayers:

(i) Issue Rule upon the respondents to show cause as to why, in the nature of mandamus and /or Order or direction shall not be issued whereby entrusting the investigation of Sonamura P.S Case No.2021 SNM 092, U/s-304/34 of IPC to CID Tripura, for carrying out the investigation under the supervision of the Hon'ble High Court of Tripura;

(ii) Issue Rule upon the Respondents to show cause as to why Writ in the nature of mandamus and/or Order or direction shall not be issued whereby directing judicial inquiry by sitting District Judge of Tripura to enquire into the circumstances, leading to the custodial death of Jamal Hossain in police custody on 15.09.2021 & fix up the responsibility for such custodial death;

(iii) Issue Rule upon the Respondents to show cause as to why writ in the nature of mandamus and/or Order or direction shall not be issued whereby directing the Respondents to pay compensation of an amount of Rs.50 lakhs to the Petitioners for the death of Jamal Hossain in Police Custody of Sonamura Police Station.

(iv) Issue Rule upon the Respondents to show cause as to why Writ in the nature of mandamus and/or Order or direction shall not be issued whereby direct the I.O of Sonamura P.S Case No.92/2021, to add Section-302 in Sonamura P.S Case No.92/2021, dated 15.09.2021, U/s 304/34 of IPC.

(v) Pass an interim order directing the Respondents to pay at least Rs-5 lakhs as interim compensation to the Petitioners.

(vi) Make the rules absolute,

(vii) Call for records,

Pass any further order/orders as this Hon'ble High Court considered fit and proper.

2. The facts taken from the writ petition are as under:

27 years old Jamal Hossain alias Kala who was serving as a Cleaner in Dubai came home in the month of September, 2021 to enjoy his vacation with his family consisting of his mother, wife and children. He was scheduled to return to Dubai on 22.09.2021 for which he already bought a return ticket from Indigo Airlines. On14.09.2021 at about 11.30 pm a police team consisting of 6/7 police personal led by Sri Tapan Debnath entered into the house of the petitioners and enquired as to whether Jamal Hossain was at home. As soon as Jamal came out of his room, the police team caught hold of him and started beating him. Before leaving along with Jamal Hossain, one of the members of the police team remarked that everybody would see the dead body of Jamal Hossain on the following day. On 15.09.2021 at about7.30 am Md. Aktar Hossain and Mst. Ajufa Khatun came to the police station to see their brother. Police did not allow them to meet their brother. At around 9.30 a.m. they were informed that their brother Jamal Hossain died in the lockup. Petitioners alleged that when the police team was assaulting Jamal Hossain at the time of his arrest, his wife and mother begged of them to refrain from beating him. But they did not pay heed to their request. It has been alleged that as a result of their torture, Jamal Hossain who was completely fit before his arrest, died in police lockup within few hours of his arrest. Wife of the deceased lodged a written FIR with the Officer-in-charge of Sonam