HC orders state to pay 2 lakh aid to mother in custodial death case
Raipur: The Chhattisgarh High Court directed the state to pay a compensation of Rs 2 lakh to the mother of a 27-year-old man, Suresh Haththel, who died in police custody in Korba. The court observed that the death was caused by negligence on the part of state employees.
It stated that the state is responsible for the tortious acts of its employees and that compensation in such cases serves as 'exemplary damages' against the wrongdoer for breach of public duty.
A division bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru passed the order on a writ petition filed by Prema Haththel, the deceased's mother. The petitioner sought an independent investigation, including by the Central Bureau of Investigation (CBI), into the custodial death of her son, a copy of the post-mortem report and CCTV footage, and monetary compensation.
The court noted that while the judicial inquiry report stated the cause of death as myocardial infection due to coronary artery disease, the post-mortem report revealed several injuries on the deceased's body. These included an abrasion on the forehead, an abrasion on the left forearm, multiple abrasions on the left knee with an underlying subcutaneous haemorrhage, a comminuted fracture of the patellar bone, and a penetrating lacerated wound on the left leg.
The petitioner's counsel, Anshul Tiwari, argued that the state's claim of injuries sustained from a "fall on the railway line" was implausible and unsupported by evidence. He said that the injuries were consistent with blunt force trauma.
He also highlighted that crucial CCTV footage from the police station after 2:47 am on the night of the incident was missing, with the state's claim of a "power cut" being unsubstantiated.
Deputy advocate general Shashank Thakur, representing the state, submitted that the injuries found on the deceased's body were on the leg and knee and were not sufficient to cause death in the ordinary course. He also said the deceased was a habitual alcohol consumer, which led to myocardial infection and ultimately death.
Citing various SC judgments on custodial deaths and compensation, including Saheli v. Commr.
of Police and Nilabati Behera v. State of Orissa, the High Court emphasised that monetary compensation should be awarded for established infringement of fundamental rights under Article 21 (right to life) of the Constitution.
The bench directed the secretary, home and police affairs, govt of Chhattisgarh, or the DGP, Chhattisgarh, to ensure payment of the Rs 2 lakh compensation to Prema Haththel within eight weeks from the date of the order.
Failure to comply will result in an annual interest rate of 9% on the amount from the order date.
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