Case Note & Summary
The case involved a writ petition filed under Article 32 of the Constitution of India by the petitioner, Smt. Nilabati Behera, seeking compensation for the custodial death of her son, Suman Behera. Suman was taken into police custody on December 1, 1987, by an Assistant Sub-Inspector of Police in connection with a theft investigation. The following day, his dead body was discovered on a railway track, exhibiting multiple injuries. The petitioner alleged that her son was tortured while in custody, leading to his death, while the respondents claimed he escaped and was subsequently run over by a train. The Supreme Court directed an inquiry, which concluded that Suman died due to injuries inflicted during police custody. The court assessed the evidence, including medical reports, and found no credible evidence supporting the respondents' defense of escape. The court emphasized the state's strict liability for custodial deaths and the inapplicability of sovereign immunity in such cases. Ultimately, the court awarded Rs. 1,50,000 as compensation to the petitioner and directed the state to take action against those responsible for the custodial death. The judgment reinforced the principle that fundamental rights, particularly the right to life, must be protected, and compensation is a necessary remedy for violations thereof.
Headnote
A) Constitutional Law - Custodial Death - Police Responsibility - Death of petitioner’s son was caused by injuries inflicted while in police custody - Constitution of India, 1950, Article 21 - The court found that the son died due to injuries sustained while in police custody, establishing the state's liability for custodial death. Held that the state is responsible for the safety of individuals in custody and must compensate for violations of fundamental rights (Paras 596-604).
Issue of Consideration
Whether the death of the petitioner's son in police custody was due to police brutality and whether compensation should be awarded.
Final Decision
The Supreme Court held that the death of Suman Behera was a custodial death caused by police brutality and awarded Rs. 1,50,000 as compensation to the petitioner, along with Rs. 10,000 for legal costs. The court directed the State of Orissa to take necessary actions against those responsible for the custodial death.
Law Points
- Fundamental rights
- custodial death
- compensation
- strict liability
- sovereign immunity
- public law remedy
