Custodial torture leading to death constitutes a violation of fundamental rights; adequate compensation is warranted.

1. By means of this writ petition, the petitioner urges for compensation for custodial death of her husband namely, Nirendra Reang alias Niram Reang. There is no dispute that Nirendra Reang was arrested in connection with Shantirbazar P.S. Case No.53/2000 which was registered under S.148/149/364 of the IPC and S.27 of the Arms Act. After producing Nirendra Reang in the Court of the Sub-Divisional Judicial Magistrate, Belonia, South Tripura on 11.09.2000 he was remanded to the police custody with a direction to produce him on 23.09.2000. On 20.09.2000, he was initially taken to Tripura Sundari hospital at Udaipur on complaint of breathing difficulty, abdominal pain, vomiting and blood in urine. But the said hospital had immediately referred Nirendra Reang to G.B.P. hospital at Agartala but his life could not be saved as he expired on 21.09.2000.

2. According to the petitioner, after arrest of Nirendra Reang on 10.09.2000 he was brutally tortured in the lockup of Shantirbazar Police Station. When he was produced in the Court of the SDJM, Belonia, South Tripura, Nirendra Reang, the victim hereinafter in short, did not make any statement in respect of the torture in the police custody as he was apprehensive of further torture as the police had prayed for the police remand. But in the forwarding report it had been stated that the petitioner' s husband sustained injuries due to scuffling at the time of arrest. Even during the police remand the victim was subjected to torture by the police. The victim succumbed to those injuries.

3. On 23.09.2000 the petitioner filed an application, Annexure - 5 to the writ petition, in the Court of the SDJM, Belonia, South Tripura where she has stated 'after arrest as per prayer of I.O Nirendra Reang remanded in police custody for a period of 13 days. During police remand he was died due to physical torture by police and then he was gone custodial death. (sic)' She had also prayed for a copy of the post - mortem examination report. The post - mortem examination report has been placed with the writ petition as Annexure - 4. In the post - mortem report, presence of hematoma / contrition head 1\" x 1\" / skin surface, ante mortem in nature, and bleeding per nose - ears and mouth has been recorded, but no injuries were detected on other parts of the body. After the procedure, the cause of death has been determined by the Department of Forensic Medicine & Toxicology, IGM Hospital, Agartala as under:
'Head injury. Death was due to shock and haemorrhage.'

4. The respondents by filing their counter affidavit have squarely denied the allegations of the custodial torture and according to them the injuries those were present on the person of the victim were received when the victim had engaged himself in scuffling at the time of his arrest. They asserted that the victim repeatedly 'fell on the ground which making tremendous forceful attempt to escape and we jumped on him repeatedly to hold custody, but he desperately dragged us to the downward to his house. (sic)' On the face of such conflicting versions, by the order dated 20.12.2004 the District & Sessions Judge, South Tripura, Udaipur was asked to cause an enquiry for ascertaining the circumstances and causes leading to death of the victim. In terms of the said direction, a report has been submitted by the District & Sessions Judge, South Tripura, Udaipur on 12.07.2007. In Para - 16 of the said report, it has been observed as under:
16. There is no evidence in record that Nirendra Reang was assaulted in the Police custody. Nirendra Reang also did not report to the Medical Officer that he was assaulted while he was in the Police cust