The court emphasized the necessity for independent investigations into custodial deaths and affirmed the intrinsic protection of the right to life under Article 21, mandating scrutiny in cases of suspicious deaths occurring in custody.

1. By this petition under Art.226 of the Constitution of India , the petitioners have prayed for a direction to hold high - level enquiry into custodial death of Sahni Kewat, the deceased father of the petitioners (Bahartin Bai, widow of Sahni Kewat died during pendency of this petition). Sahni Kewat died in the lock up of Police Station Sariya, Tahsil and District Raigarh on 10/11-10-2002. The petitioners have also prayed for award of compensation invoking public law remedy as Sahni Kewat died in police custody.

2. The facts and circumstances leading to custodial death of Sahni Kewat, unfolded from the records of the case in hand, are that the police of Police Station Sariya received Mukhbir intimation on 10-10-2002 that one Sahni Kewat is engaged in trafficking of ganja. The information was recorded in the police station in Rojnamcha No. 230 at 11.15 hours on 10-10-2002 and thereafter, a report under Rojnamcha No. 231 was forwarded to the SDO (Police), Sarangarh at 11.20 hours through Constable Kuleshwar Bakla. Thereafter, the police team proceeded towards Orissa border so that the offender could be apprehended. It is the case of the police that at around 15:00 hrs., Sahni Kewat was found coming from the side of Orissa Border in a bicycle. He was intercepted and searched and it is alleged that 650 grams of 'ganja' was recovered, after search having been made in presence of witnesses. After drawing proceedings of personal search, weighment and preparation of samples, Sahni Kewat was brought to police station and a FIR in Cr. No. 75/2002 for alleged commission of offence under S.20, S.22 of the NDPS Act was registered at 16.30 hours and Sahni Kewat was arrested and kept in the lock up of police station. It is stated that the accused - Sahni Kewat was given two blankets and one underwear. Constable - Bihari Malakar was deputed and another Constable Bhimsen Ekka was also sleeping in the trial room of Police Station - Saria.
However at 05.40 A.M. early in the morning, a merge intimation No. 18/2002 was registered in the police station reporting death of Sahni Kewat in the police lock up. Information of this incident was given to the higher authorities whereafter SDM (Sub Divisional Magistrate), Sarangarh arrived in the police station. Inquest over dead body was prepared by him in the presence of witnesses. Photographs and videographs were also taken and the dead body was sent for postmortem. Postmortem was conducted by two doctors namely Dr. Maravi and Dr. Toppo. As it was a case of custodial death, a Magisterial Enquiry was ordered by the District Magistrate on 12-10-2002 in exercise of power under S.176(1) of the Cr.P.C. Order directing magisterial enquiry was slightly modified on 14-10-2002. The Incharge ASI, C. C. Pandey, Head Constable R. C. Lahre and Constable B. Malakar, who were posted at the relevant time, were suspended on 12-10-2002. The SDM / Enquiry Officer held magisterial enquiry and submitted a report dated 21-07-2003 before the District Magistrate, who forwarded the enquiry report along with other records to the State Government. In the magisterial enquiry, the Magistrate concluded that it was a case of suicide committed by Sahni Kewat and there is no evidence ;of any police atrocity / torture. Recommendation, however, was made to take action against the concerned Constable who was found guilty of dereliction of duty observing that had he been vigilant in his duty, he could prevent the accused from taking the extreme step of committing suicide.

3. Vide order dated 31-07-2003, the District Magistrate sanctioned payment of Rs.25,000/- as ex - gratia amount towards custodia