Delhi HC grants Rs 18 lakh compensation in custodial-death case

The Delhi High Court has awarded more than Rs 18 lakh as compensation to the kin of a 19-year-old boy who died by suicide in police custody in 2018.

Justice Sachin Datta has said custodial death is not merely an individual tragedy, but a matter of systemic concern as any death in custody, whether because of violence, negligence, unexplained circumstances or even suicide, implicates individual dignity as well as the judicial system’s credibility.

The judge has emphasised that authorities assume a “heightened duty of care” for persons in the custody of the State and their stand that the grant of compensation is not an automatic consequence of custodial death cannot be accepted.

“When a person is in custody, he does not lose his fundamental rights guaranteed under Article 21 of the Constitution and the State assumes an absolute and inalienable duty to protect his life and dignity. An unnatural death in custody, even if by suicide, is not a private act divorced from State responsibility, but reflects an omission of duty on the part of those charged with safekeeping,” the court said in its judgment dated July 1.

The Delhi Police had arrested the deceased on January 15, 2018, from the Karkardooma Court premises.

The petitioner, the deceased’s father, had alleged that when he went to meet his son, he was also detained in the lock-up for a few hours and subjected to mis-treatment, physical assault and threats by a sub-inspector and a constable, who also demanded Rs 20,000 to Rs 30,000 to get the deceased released.

The next morning, the petitioner received a call from a “local politician”, informing him that his son had committed suicide while in custody, the court was told.

The post-mortem report said the cause of death was “asphyxia due to ante-mortem hanging”.

Holding that the petitioner is entitled to monetary compensation, the court ordered, “Accordingly, the respondents are directed to pay the petitioner a compensation of Rs 18,44,400 within a period of eight weeks from today.”

The court observed that the fact of the deceased’s unnatural death in custody at the Karawal Nagar police station was undisputed and therefore, it was only adjudicating whether such a death attracted the liability for compensation.

The court is not required to adjudicate upon the precise cause of death or allegations of foul play or custodial violence, it added.

The petitioner had contended that his son’s death was due to the negligence of the officials stationed at the Karawal Nagar police station.

He had claimed that a stole and two blades, which were found from the lock-up, were subsequently planted to create a facade of suicide.

It was also submitted that the punishment imposed on the police officials in a departmental enquiry did not preclude the grant of compensation to the petitioner for the unnatural death of his son in custody.