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SANJIB BANERJEE, H. S. THANGKHIEW
In Re suo motu custodial violence & other matters relating to prison conditions – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT :
SANJIB BANERJEE, CJ.
1. This suo motu public interest litigation was initiated pursuant to a direction issued by the Supreme Court in the judgment reported at (2017) 10 SCC 658 (Re-Inhuman conditions in 1382 prisons).
2. Two aspects must be pointed out from the relevant judgment. The first is that a distinction was sought to be made by the National Crime Records Bureau between natural and unnatural deaths in custody. At paragraph 6 of the judgment, the Supreme Court found the distinction to be unclear. Secondly, on the issue of defining natural and unnatural deaths, the Supreme Court went on to observe as follows at paragraph 9 of the report:
The state is strictly liable for unnatural deaths in custody, necessitating compensation for the victim's family under Article 21 of the Constitution.
State is liable for failing to protect individuals in police custody, requiring compensation for unnatural deaths under Article 21.
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 court affirmed that custodial deaths necessitate compensation reflecting rights violations, applying Motor Vehicle Act standards for calculating damages.
Compensation for custodial death necessitates proof of unnatural death; not every death in custody qualifies under the compensation scheme.
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....
State authorities are vicariously liable for negligence leading to custodial death, with victims entitled to compensation under Article 21 of the Constitution.
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