Case Note & Summary
The petitioner, Ashok Kondaji Rokade, filed a Criminal Writ Petition before the Bombay High Court, Bench at Aurangabad, seeking ex gratia compensation of Rs. 10 lakhs for the custodial death of his son Kiran Rokade. The petitioner also prayed for directions to register an FIR against the concerned police officials (added respondent nos. 9 to 13) and to initiate departmental enquiry against them. The facts reveal that on 31.3.2016, the petitioner learned that his son Kiran had been taken to Shirdi Police Station by police officers. When the petitioner and his family reached the police station, they found Kiran sitting on the ground. Subsequently, Kiran died in police custody due to alleged torture. The petitioner contended that the death was a custodial death caused by the police officials, and sought compensation and criminal action. The State respondents opposed the petition, but the court, after hearing the parties, found merit in the petitioner's claims. The court held that custodial death is a grave violation of the fundamental right to life under Article 21 of the Constitution of India, and the State is vicariously liable to pay compensation. The court directed the State of Maharashtra to pay Rs. 10 lakhs ex gratia compensation to the petitioner within four weeks. Additionally, the court directed the State to register an FIR against the added respondent nos. 9 to 13 under appropriate provisions of the Indian Penal Code, including Section 302 if warranted, and to conduct a fair investigation. The court also directed the Superintendent of Police, Ahmednagar to initiate departmental enquiry against the said police officials. The petition was allowed with these directions.
Headnote
A) Constitutional Law - Right to Life - Custodial Death - Article 21 of Constitution of India - Petitioner sought ex gratia compensation of Rs. 10 lakhs for custodial death of his son Kiran Rokade, who died in police custody due to torture - Court held that custodial death is a serious violation of fundamental right to life under Article 21, and the State is vicariously liable to pay compensation - Directed State to pay Rs. 10 lakhs ex gratia compensation to petitioner within four weeks (Paras 1-10). B) Criminal Procedure - Registration of FIR - Custodial Death - Section 154 of Code of Criminal Procedure, 1973 - Petitioner prayed for direction to register FIR against police officials responsible for custodial death - Court held that in cases of custodial death, it is imperative to register FIR and investigate to fix criminal liability - Directed respondent no.1/State to register FIR against added respondent nos. 9 to 13 under appropriate provisions of Indian Penal Code, including Section 302 if warranted (Paras 2-10). C) Service Law - Departmental Enquiry - Police Misconduct - Petitioner sought direction for departmental enquiry against police officials - Court held that departmental enquiry is necessary to fix disciplinary liability and deter police misconduct - Directed respondent no.2/Superintendent of Police to initiate departmental enquiry against added respondent nos. 9 to 13 (Paras 2-10).
Issue of Consideration
Whether the petitioner is entitled to ex gratia compensation for custodial death of his son and whether the court can direct registration of FIR and departmental enquiry against police officials.
Final Decision
The petition is allowed. The State of Maharashtra is directed to pay Rs. 10 lakhs ex gratia compensation to the petitioner within four weeks. The State is directed to register FIR against added respondent nos. 9 to 13 under appropriate provisions of IPC, including Section 302 if warranted, and conduct fair investigation. The Superintendent of Police, Ahmednagar is directed to initiate departmental enquiry against added respondent nos. 9 to 13.
Law Points
- Custodial death
- Ex gratia compensation
- Right to life under Article 21
- Vicarious liability of State
- Departmental enquiry
- Registration of FIR
