Advocates:
A.K.PANDEY, Altaf Ahmed, M.S.GANESH, NARESH K.SHARMA

The legal document discusses the issue of custodial death and the corresponding liability of the State. It emphasizes that the protection of fundamental rights, particularly the right to life under Article 21, is a primary obligation of the State. When a death occurs in police custody, the State is responsible for providing a plausible explanation for the injuries and circumstances leading to the death. If the explanation is unsatisfactory or inconsistent with the evidence, the inference is that the death resulted from police brutality or torture.

The Court highlights that the judiciary has both the power and the obligation to provide relief to victims or their heirs in cases of fundamental rights violations, including custodial deaths. This relief can extend beyond mere declaration of rights infringement to include monetary compensation, which is recognized as an effective remedy in public law for violations of constitutional rights. Such compensation serves as a form of redress that not only penalizes the wrongdoer but also upholds the dignity of the individual rights guaranteed under the Constitution.

Furthermore, the Court clarifies that the remedy of awarding monetary compensation under constitutional provisions is distinct from and in addition to the remedies available under private law. It underscores that the courts are empowered to develop new tools and principles, including the award of damages, to ensure justice and uphold the rule of law in cases of violations of fundamental rights. The State's liability for custodial death is thus not limited by doctrines of sovereign immunity, and the courts have a duty to ensure that the State repairs the damage caused by its officers' misconduct.

The Court also discusses the appropriate quantum of compensation, taking into account the victim’s age and earning capacity, and directs the State to pay a specified sum to the petitioner. It further emphasizes that the State should take action to identify and prosecute those responsible for custodial deaths, reinforcing the accountability of public officials.

In conclusion, the document affirms that the judiciary has a constitutional mandate to ensure that violations of fundamental rights, such as custodial death, are remedied effectively through appropriate orders, including monetary compensation, thereby reinforcing the protection of civil liberties and the rule of law.