Case Note & Summary
The petitioner, Smt. Kamalbai Garad, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court (Bench at Aurangabad) seeking directions to the State of Maharashtra and police authorities to register an offence under Section 302 of the Indian Penal Code against Respondent No. 4, Assistant Police Inspector C.L. Savle, for the custodial death of her son Shivaji Laxman Garad. She also sought compensation of Rs. 15 lakhs. The petitioner alleged that on 18.02.2006, a crime was registered against Shivaji for allegedly causing the death of his father. Shivaji was arrested on the same day and produced before the Judicial Magistrate First Class, who granted police custody from 19.02.2006 to 21.02.2006. The petitioner claimed that during police custody, Respondent No. 4 subjected Shivaji to third degree treatment to extort a confession, resulting in his death on 20.02.2006 at around 10:30-10:45 a.m. in the lockup. The petitioner contended that Shivaji was 25 years old, healthy, and had no injuries at the time of arrest. After the death, the police allegedly tried to cover up the incident by claiming that Shivaji died due to a heart attack. The petitioner argued that the police failed to register an FIR against the responsible officer despite her complaints. The respondents opposed the petition, denying the allegations and stating that an inquiry was conducted which found no evidence of torture. The court, after considering the submissions and the fact that the post-mortem report indicated injuries consistent with third degree treatment, held that custodial death is a serious violation of Article 21. The court directed the Superintendent of Police, Beed, to register an FIR under Section 302 IPC against Respondent No. 4 and investigate the matter. Additionally, the court ordered the State to pay interim compensation of Rs. 2,00,000 to the petitioner within four weeks, without prejudice to further compensation that may be awarded in appropriate proceedings.
Headnote
A) Criminal Law - Custodial Death - Registration of FIR - Section 302 IPC - Petitioner sought registration of FIR against police officer for custodial death of her son due to third degree treatment - Court held that custodial death is a serious violation of Article 21 and directed registration of FIR under Section 302 IPC against the concerned police officer (Paras 1-10). B) Constitutional Law - Right to Life - Compensation - Article 21 - Custodial death due to police torture - Court held that the State is liable to pay compensation for violation of fundamental right to life - Directed payment of Rs. 2,00,000 as interim compensation to the petitioner (Paras 10-12).
Issue of Consideration
Whether the petitioner is entitled to directions for registration of an offence under Section 302 IPC against the police officer for custodial death and for compensation.
Final Decision
The court allowed the petition. Directed the Superintendent of Police, Beed, to register an FIR under Section 302 IPC against Respondent No. 4 and investigate. Also directed the State to pay interim compensation of Rs. 2,00,000 to the petitioner within four weeks.
Law Points
- Custodial death
- Third degree treatment
- Right to life under Article 21
- Compensation for custodial death
- Registration of FIR under Section 302 IPC
- Police accountability
