Case Note & Summary
The petitioner, Dnyaneshwar s/o Kachru Todmal, filed a Criminal Writ Petition before the Bombay High Court at Aurangabad seeking compensation for the custodial death of his brother, who died while in police custody at Newasa Police Station. The petitioner alleged that his brother was subjected to torture and negligence by the respondent police officers, including Vitthal Uttam Gaikwad, Pravinchand Lokhande, and others, leading to his death. The State of Maharashtra and the police officers were impleaded as respondents. The court examined the facts and found that the deceased was taken into custody and died shortly thereafter due to lack of proper medical attention and care. The court held that the police officers were negligent in their duty and that the State is vicariously liable for their actions. The court directed the State to pay Rs. 10 lakhs as compensation to the petitioner within eight weeks, with liberty to recover the amount from the erring officers. The court also directed the State to initiate disciplinary proceedings against the responsible officers. The judgment was delivered by a division bench of Justices T.V. Nalawade and S.M. Gavhane on 29 November 2019.
Headnote
A) Constitutional Law - Right to Life - Article 21 of the Constitution of India - Compensation for Custodial Death - The petitioner sought compensation for the death of his brother while in police custody due to alleged negligence and torture by police officers - The court held that the State is vicariously liable for the acts of its officers and directed payment of Rs. 10 lakhs as compensation, with liberty to recover from the erring officers (Paras 1-10). B) Criminal Law - Custodial Violence - Negligence of Police Officers - Duty of Care - The court observed that the police officers failed to provide timely medical aid and proper care to the deceased, leading to his death - Held that such negligence amounts to violation of fundamental rights under Article 21 (Paras 5-8).
Issue of Consideration
Whether the petitioner is entitled to compensation for the custodial death of his brother due to negligence of police officers, and whether the State is vicariously liable.
Final Decision
The court allowed the petition and directed the State of Maharashtra to pay Rs. 10 lakhs as compensation to the petitioner within eight weeks, with liberty to recover the amount from the erring officers. The court also directed initiation of disciplinary proceedings against the responsible officers.
Law Points
- Custodial death
- compensation for violation of Article 21
- negligence of police officers
- vicarious liability of State
- duty of care towards persons in custody
