Case Note & Summary
The petitioner, Kewalbai, mother of Sandeep, filed a Criminal Writ Petition seeking compensation of Rs. 10,00,000/- for the custodial death of her son. Sandeep was arrested in 2011 and lodged in Sub Jail, Kandhar. On the night of 02.02.2011, around 11:30 p.m. to midnight, Police Constable Pandit Manikrao Marwade, on duty, opened the lockup and shot Sandeep with his service rifle, then shot himself and committed suicide. The petitioner was informed on 03.02.2011. An FIR was lodged by the Sub-Inspector of Police, Kandhar, and investigation was conducted by the Deputy Superintendent of Police, resulting in a charge-sheet under Section 173 of the Code of Criminal Procedure, 1973. The petitioner claimed that Sandeep was the earning member of the family, as her husband had died long back, and she had two other children. The court considered the facts and held that the death occurred while Sandeep was in custody, and the State is vicariously liable for the actions of its employees. The court directed the respondents to pay Rs. 5,00,000/- as compensation to the petitioner within three months, with liberty to recover the amount from the constable's estate if possible. The writ petition was disposed of accordingly.
Headnote
A) Constitutional Law - Right to Life - Custodial Death - Compensation - Article 21 of Constitution of India - Petitioner's son died in jail lockup due to shooting by on-duty constable who also committed suicide - Court held that the State is vicariously liable for the acts of its employees and directed payment of Rs. 5,00,000/- compensation to the mother of the deceased (Paras 1-8).
Issue of Consideration
Whether the petitioner is entitled to compensation for the custodial death of her son Sandeep, who was shot dead by a police constable while lodged in Sub Jail, Kandhar.
Final Decision
The court directed the respondents to pay Rs. 5,00,000/- as compensation to the petitioner within three months, with liberty to recover the amount from the constable's estate if possible. The writ petition was disposed of.
Law Points
- Custodial death
- State liability
- Compensation for custodial violence
- Right to life under Article 21
- Vicarious liability of State
