The main legal point established is that the police are responsible for custodial deaths and can be held liable for compensation and criminal proceedings.

N. Kotiswar Singh, J.

Heard Mr. Th. Ranjit, learned counsel for the petitioner; heard also Mr. R.S. Reisang, learned Senior Government Advocate assisted by Mr. Shyam Sharma, learned Government Advocate for the State.

2. The present petition has been filed by Smt. Mayengbam (O) Debala Leima, the wife of the deceased, namely, late Mayengbam Biren Meitei, resident of Lamjao Makha Leikai, claiming relief, inter-alia, for payment of compensation to the extent of Rs. 72,00,000/- on account of custodial death of her husband on 02.06.2013.

3. The facts in brief leading to the filing of this petition can be stated as follows.

4. The husband of the petitioner, late Mayengbam Biren Meitei who was about 32 years old at the relevant time was arrested by the personnel of Waikhong Police Station on 31.05.2013 at about 11:00 a.m. and handed over to Moirang Police Station on the same day at 2:30 p.m. by signing a memo dated 31.05.013. It has been stated that the arrest of the aforesaid Biren Meitei was done by the Waikhong Police Station at the request of Moirang Police Station. It has been stated by the petitioner that her husband was arrested in connection with the elopement of one Km. Y. Subadani Devi, D/o. Y. Kalachand Meitei of Thanga Lawai with her husband. The said Subadini Devi was also arrested by the police along with M. Biren Meitei and they were handed over to Moirang Police Station. It has been alleged that after his arrest on 31.05.2013, her husband M. Biren Meitei was brought to the residence of one N. Ibopishak Singh of Moirang and the relatives of her deceased husband were asked to come to the Police Station for negotiation in connection with the aforesaid elopement of Y. Subadini with her husband Biren Meitei. It has been also alleged that several calls were made by the police and other relatives and friends of M. Biren Meitei were also asked to come to the police station for negotiation and compromise relating to the aforesaid elopement. It seems the relatives did not go to the police station. Thereafter, one Smt. M. Amutombi, who is an aunt of Biren Meitei, received a call at about 1:57 p.m. on 02.06.2013 informing her that M. Biren Meitei had suffered from a heart attack and accordingly, the family members of M. Biren Meitei rushed to the Moirang Police Station. However, to their shock and surprise, on reaching the police station, they found the said M. Biren Meitiei hanging inside the Lockup of Moirang Police Station with a small piece of/string of woolen shawl torn from a heavy and thick black woolen shawl which was said to had been provided by the Police during their custody. Subsequently, the autopsy was conducted on the dead body which gave the report that cause of death was due to hanging. It is also alleged by the petitioner and the relatives that several marks of torture were noticed on the dead body of said M. Biren Meitei at the time of conducting post mortem. The scrotum was also found to be swollen with severe bruises and blood was found oozing out from the penis in large quantity. At the time of conducting funeral, one of the arms and a leg fell down out of the main body showing signs of bones fractures. Accordingly, it has been alleged that it was a clear case of custodial death due to torture while her husband was in the custody of the police. It has been also stated that her husband was a mason by profession and was earning about Rs. 500/- per day and thus used to earn about Rs. 15,000/- or more per month for maintaining a large family having seven dependants namely,(i) M. Rameshwar, 75 years (father) (ii) M. Amutombi, 70 years (mother)(iii) the petitioner (wife), (iv) M. Sanathoi, 14 years (daughter) (v) M. Chaibi Devi, 12 years (daughter) (vi) M. Thoiba, 8 years (son) and (vii) M. Arepa, 7 months (son). It has been submitted that at the time her husband was only about 32 years old, and was the sole bread earner who could have sustained the family for a long period. However, because of his untimely d