Case Note & Summary
The case involves a criminal writ petition filed by three under-trial prisoners, Mustaq Ahmed, Vinesh Narayan Faldessai, and Jovita Ryan Dos Remedios Pinto, who were lodged in Sub Jail, Sada, Vasco-Da-Gama. They alleged that they were subjected to assault by jail authorities while in custody. The petitioners, represented by Advocate Ryan Menezes, contended that the assault was evidenced by a medical certificate and that this Court in a previous case, Rajendra Singh v. State of Goa (Criminal Writ Petition No.114/2012), had ordered compensation for a prisoner who suffered assault while fighting in custody. Additionally, a report by the Additional Sessions Judge, who had visited the prison, formed part of the records, indicating that an offence had to be registered and an inquiry conducted. The State, represented by Public Prosecutor S.R. Rivankar, conceded that an offence had to be registered based on the prisoner's complaint and also referred to the Additional Sessions Judge's report. The court, after hearing both sides, directed the respondents to register an FIR based on the complaint of the petitioner Mustaq Ahmed and to pay compensation of Rs. 50,000 to him for the injuries suffered. The court also directed that the investigation be conducted by an officer not below the rank of Deputy Superintendent of Police and that a report be submitted to the court within three months. The petition was disposed of accordingly.
Headnote
A) Criminal Law - Prisoner Rights - Assault in Custody - Compensation - The petitioner, an under-trial prisoner, alleged assault by jail authorities. The court, relying on a medical certificate and a report by the Additional Sessions Judge, directed registration of an FIR and payment of compensation for the injuries suffered. Held that the State is liable to compensate prisoners for custodial violence and must register offences based on complaints. (Paras 3-5)
Issue of Consideration
Whether the petitioner-prisoner was subjected to assault while in custody and whether the State is liable to register an FIR and pay compensation for the injuries suffered.
Final Decision
The court directed the respondents to register an FIR based on the complaint of petitioner Mustaq Ahmed and to pay compensation of Rs. 50,000 to him for the injuries suffered. The investigation was to be conducted by an officer not below the rank of Deputy Superintendent of Police, and a report was to be submitted to the court within three months. The petition was disposed of.
Law Points
- Prisoner rights
- Assault in custody
- Compensation for custodial violence
- Registration of FIR
- Duty of State to protect prisoners
