Case Note & Summary
The petitioners, Asha Sable (wife) and minor children of Namdeo Sable, filed a criminal writ petition seeking compensation of Rs.5,00,000 for the custodial death of Namdeo, who died on 28.3.2009 while lodged in Central Jail, Beed. Namdeo had been arrested on 15.3.2009 pursuant to orders in R.C.C. No.320/2002 and was sent to judicial custody. He died due to a head injury suffered in jail. The petitioners claimed that the death was unnatural and due to the negligence of jail authorities. The respondents, including the State of Maharashtra and jail officials, contested the claim. The court, after considering the facts and circumstances, held that the State is vicariously liable for the acts of its servants and that the custodial death amounted to a violation of the deceased's right to life under Article 21 of the Constitution. The court awarded compensation of Rs.5,00,000 with interest at 6% per annum from the date of filing of the petition till realization, and directed the State to recover the amount from the erring officials.
Headnote
A) Constitutional Law - Right to Life - Custodial Death - Compensation - Article 21 of Constitution of India - The petitioners, wife and minor children of deceased Namdeo Sable, sought compensation of Rs.5,00,000 for his unnatural death in Central Jail, Beed due to head injury. The court held that the State is vicariously liable for the acts of its servants and awarded compensation of Rs.5,00,000 with interest at 6% per annum from the date of filing of the petition till realization. (Paras 1-10) B) Criminal Law - Custodial Death - Liability of Jail Officials - The court found that the deceased died due to head injury while in custody, and the jail officials failed to protect his life. The court directed the State to pay compensation and recover the same from the erring officials. (Paras 5-8)
Issue of Consideration
Whether the petitioners are entitled to compensation for the custodial death of Namdeo Sable, and whether the State and jail officials are liable for the same.
Final Decision
The court allowed the petition and directed the respondents to pay compensation of Rs.5,00,000 with interest at 6% per annum from the date of filing of the petition till realization. The State was directed to recover the amount from the erring officials.
Law Points
- Custodial death
- State liability for compensation
- Vicarious liability of State for acts of its servants
- Right to life under Article 21 of Constitution of India
- Compensation for violation of fundamental rights
