Case Note & Summary
The petitioner, Smt. Sonabai, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India seeking an inquiry into the death of her son, Pandurang, who died in District Prison, Wardha. She alleged that her son was arrested on 15.5.2002 by Ashti Police Station and was brutally beaten at the time of arrest and in the police station. On 23.5.2002, he was sent to District Prison, Wardha, where he was further tortured and exploited for practice games of police personnel, leading to his death. After his death, the petitioner was called and her signature was obtained on blank paper with an assurance of Rs.25,000 compensation after inquiry. The court, after hearing arguments, found that the allegations raised serious issues of custodial violence and directed the Chief Judicial Magistrate, Wardha, to conduct an inquiry into the cause of death and submit a report within three months. It also directed the police to register an FIR against the concerned police personnel and the jailor. The court further ordered the State to pay interim compensation of Rs.50,000 to the petitioner within four weeks, without prejudice to further compensation based on the inquiry report.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of Constitution of India - Custodial Death - Petitioner sought inquiry into death of her son in police custody and compensation - Court directed inquiry by Chief Judicial Magistrate and registration of FIR against police personnel - Held that custodial violence is a serious violation of fundamental rights (Paras 2-5).
Issue of Consideration
Whether the petitioner is entitled to an inquiry into the custodial death of her son and compensation for the same.
Final Decision
The court allowed the petition and directed the Chief Judicial Magistrate, Wardha, to conduct an inquiry into the cause of death of Pandurang and submit a report within three months. It also directed the police to register an FIR against the concerned police personnel and the jailor. The State was ordered to pay interim compensation of Rs.50,000 to the petitioner within four weeks.
Law Points
- Custodial violence
- Right to life under Article 21
- Compensation for custodial death
- Writ jurisdiction under Articles 226 and 227
