Case Note & Summary
The petitioner, Aruna Bhimrao Athwale, filed a Criminal Writ Petition before the Bombay High Court at Aurangabad seeking compensation for the custodial death of her husband, Bhimrao Athwale. The deceased was allegedly taken into custody by police officers from Georai Police Station on suspicion of involvement in a theft. While in custody, he fell ill and was not provided timely medical aid, leading to his death. The petitioner contended that the police officers, including respondent nos. 9 to 13 (Champalal Shevgaon, Rahul Deshpande, Vijaykumar Jogdand, Tulshiram Jagtap, and Jaysing Wagh), were negligent and violated his fundamental right to life under Article 21 of the Constitution. The State respondents argued that the deceased was not in custody but was only called for inquiry, and that medical aid was provided. The court, after examining the facts and the post-mortem report, found that the deceased died due to complications arising from lack of timely medical treatment while in police custody. The court held that the State is vicariously liable for the acts of its police officers and directed the State of Maharashtra to pay ₹10,00,000 as compensation to the petitioner within eight weeks, with liberty to recover the amount from the erring officers. The court also directed departmental action against the concerned police officers.
Headnote
A) Constitutional Law - Right to Life - Custodial Death - Article 21 of the Constitution of India - The court considered whether the death of a person in police custody due to failure to provide timely medical treatment amounts to violation of Article 21. Held that the State is liable to pay compensation for custodial death caused by negligence of police officers, as the right to life includes the right to prompt medical care. (Paras 1-10) B) Criminal Law - Custodial Violence - Compensation - No specific Act - The court examined the liability of the State for custodial violence resulting in death. Held that the State must compensate the family of the deceased for the loss of life due to police negligence, and directed payment of ₹10,00,000 to the petitioner. (Paras 11-15) C) Police Law - Duty of Police - Medical Aid - Maharashtra Police Act, 1951 - The court held that police officers have a duty to ensure medical treatment for persons in custody. Failure to do so constitutes misconduct and negligence, making the State vicariously liable. (Paras 16-20)
Issue of Consideration
Whether the petitioner is entitled to compensation for the custodial death of her husband due to negligence and failure of police to provide timely medical aid, and whether the respondent police officers are liable for the same.
Final Decision
The court allowed the writ petition and directed the State of Maharashtra to pay ₹10,00,000 as compensation to the petitioner within eight weeks, with liberty to recover the amount from the erring police officers. The court also directed departmental action against the concerned officers.
Law Points
- Custodial violence
- Right to life under Article 21
- State liability for custodial death
- Compensation for violation of fundamental rights
- Duty of police to provide medical aid
- Negligence of police officers
