Case Note & Summary
The petitioner, Sunita Kute, mother of deceased Pradip Kalyan Kute, filed a criminal writ petition seeking compensation of Rs. 40,00,000/- for the custodial death of her son, allegedly caused by police officers (respondent Nos.4 and 5). The deceased, a 23-year-old sugarcane harvester and tractor owner, was transporting sugarcane on 04.11.2018 when he was intercepted by Police Head Constable Dashrath Kumbhar and Deepak Kshirsagar at a police outpost. The officers allegedly assaulted him for playing a tape recorder, leading to his death on the spot. The petitioner claimed that the State and the officers are jointly liable for compensation and sought disciplinary action. The court, after considering the facts and submissions, held that the State is vicariously liable for the acts of its employees and directed the State to pay Rs. 40,00,000/- to the petitioner within three months, with liberty to recover the amount from the erring officers. The court also directed the Superintendent of Police to initiate disciplinary proceedings against respondent Nos.4 and 5.
Headnote
A) Constitutional Law - Right to Life - Custodial Death - Compensation - Article 21 of the Constitution of India - The petitioner sought compensation of Rs. 40,00,000/- for the death of her son due to alleged police assault by respondent Nos.4 and 5. The court held that the State is vicariously liable for the acts of its employees and directed payment of Rs. 40,00,000/- to the petitioner, with liberty to recover the amount from the erring officers. (Paras 1-10) B) Criminal Law - Police Atrocities - Disciplinary Action - The court directed the Superintendent of Police to initiate disciplinary proceedings against respondent Nos.4 and 5 for their involvement in the custodial death. (Para 10)
Issue of Consideration
Whether the petitioner-mother is entitled to compensation for the custodial death of her son caused by police atrocities, and whether disciplinary action should be taken against the erring police officers.
Final Decision
The court allowed the petition, directing the State of Maharashtra to pay Rs. 40,00,000/- to the petitioner within three months, with liberty to recover the amount from respondent Nos.4 and 5. The Superintendent of Police was directed to initiate disciplinary proceedings against respondent Nos.4 and 5.
Law Points
- Compensation for custodial death
- Vicarious liability of State
- Disciplinary action against police officers
- Right to life under Article 21
