Case Note & Summary
The Bombay High Court, Bench at Aurangabad, took suo motu cognizance of a criminal contempt petition based on a news report regarding the death of Shaikh Mohammad Shaikh Rustum due to alleged police assault. The victim, a labourer, was picked up by police on suspicion of theft and was brutally assaulted while in custody at Shivaji Nagar Police Station, Beed. He succumbed to injuries on 26 August 2015. The court issued notices to the police officers involved and the State of Maharashtra. After hearing the parties, the court found that the police officers had committed criminal contempt by their actions, which scandalized the court and obstructed the administration of justice. The court convicted the four police officers under the Contempt of Courts Act, 1971, and sentenced them to simple imprisonment for one month and a fine of Rs. 2,000 each. Additionally, the court directed the State of Maharashtra to pay compensation of Rs. 5 lakhs to the victim's family within three months. The court emphasized that such custodial violence undermines the rule of law and the dignity of the court.
Headnote
A) Contempt of Court - Criminal Contempt - Police Misconduct - Sections 2(c), 12, 15 of Contempt of Courts Act, 1971 - The court took suo motu cognizance of a news report about police assault on a person in custody resulting in death - Held that the police officers' actions amounted to criminal contempt as they scandalized the court and obstructed the administration of justice (Paras 1-10). B) Contempt of Court - Sentencing - Compensation - Section 12 of Contempt of Courts Act, 1971 - The court sentenced the police officers to simple imprisonment for one month and a fine of Rs. 2,000 each, and directed the State to pay Rs. 5 lakhs compensation to the victim's family - Held that the sentence should be deterrent and the compensation should be paid to the victim's family (Paras 11-15).
Issue of Consideration
Whether the police officers committed criminal contempt of court by assaulting a person in their custody, leading to his death, and thereby obstructing the administration of justice.
Final Decision
The court convicted the four police officers for criminal contempt under the Contempt of Courts Act, 1971, and sentenced them to simple imprisonment for one month and a fine of Rs. 2,000 each. The court also directed the State of Maharashtra to pay compensation of Rs. 5 lakhs to the victim's family within three months.
Law Points
- Contempt of Court
- Criminal Contempt
- Police Misconduct
- Custodial Violence
- Compensation to Victim
- Suo Motu Cognizance
