‘Systemic Apathy': Chhattisgarh HC Orders Rs 2 Lakh Compensation For Custodial Death Of 27-Year-Old
Last Updated:
The court held that the State is liable for violation of the fundamental right to life and emphasised that compensation must have a deterrent effect to prevent such violations.
In a scathing indictment of custodial abuse and systemic apathy, the Chhattisgarh High Court has directed the State to pay Rs 2 lakh compensation to the mother of a 27-year-old man, Suraj Haththel, who died while in police custody. The Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that the State is liable for violation of the fundamental right to life and emphasised that compensation must have a deterrent effect to prevent such violations.
'Compensation must serve as deterrence'
'The Courts have time and again deprecated such conduct on the part of police/jail officials…the compensation, which is to be awarded, should also have a deterrent effect on the State," the Bench observed, reiterating that custodial violence undermines the rule of law and fundamental freedoms enshrined in the Constitution.
The Court was hearing a writ petition filed by the deceased's mother, who had sought an independent investigation; preferably by the CBI, into her son's death, along with the post-mortem report, CCTV footage from the relevant police station, and other related documents.
She also sought monetary compensation, arguing that the official narrative was riddled with contradictions.
Suspicious death, missing CCTV footage, and contested injury claims
The magisterial inquiry had attributed the cause of death to a 'myocardial infarction" owing to coronary artery disease. However, the post-mortem report revealed multiple injuries including abrasions and lacerations, raising serious questions about custodial torture.
Further, the judicial inquiry noted that CCTV footage was only available until 2:47 AM, the exact time after which the deceased was reportedly taken out of the police station.
The State attributed this gap to a 'power cut," a claim the petitioner disputed, pointing out that no evidence of such a power outage was produced, thereby suggesting a deliberate attempt to destroy or suppress evidence.
Court slams State's version, cites Supreme Court precedents
Rejecting the State's defence, the High Court observed that its version lacked credibility and appeared designed to obscure the truth. The Bench referred to landmark Supreme Court judgments in Saheli v. Commissioner of Police (1989), Nilabati Behera v. State of Orissa (1993), DK Basu v State of West Bengal (1996), and Ajab Singh v. State of UP (2000), all of which affirmed the liability of the State in custodial deaths.
Quoting the Supreme Court's 2017 judgment In Re: Inhuman Conditions in 1382 Prisons, the Court reiterated, 'Human rights are not dependent on the status of a person but are universal in nature… A person in prison custody could nevertheless be a victim of an unnatural death. Hence the need to compensate the next of kin."
Compensation for public law breach, not just private wrong
The Court underlined that in cases of custodial death, compensation awarded under Article 226 is in the nature of exemplary damages and distinct from private law remedies such as tort claims or criminal prosecution.
'This is compensation awarded for breach of public law duty, not in substitution of other legal remedies," the Bench clarified.
State directed to compensate within 8 weeks
Accordingly, the Court held that the petitioner is entitled to compensation as her son died due to negligence and misconduct on the part of the State's officials. A writ of mandamus was issued directing the State to pay Rs 2,00,000 within eight weeks, failing which the amount will carry 9 per cent annual interest from the date of the order.
'Taking into consideration the loss of estate, love and affection, and dependency due to the untimely death of the petitioner's son, we find the State liable for monetary reparation," the Bench concluded.
First Published:
News india 'Systemic Apathy': Chhattisgarh HC Orders Rs 2 Lakh Compensation For Custodial Death Of 27-Year-Old
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
31 minutes ago
- Time of India
Chatra rape convict gets 20-yr term
Chatra: A special Pocso court of ADJ-III Amresh Kumar awarded 20-year imprisonment to a person convicted of rape on Thursday. The criminal was identified as Vikas Kumar , a resident of Nawada under Tandwa block of Chatra district. The court also imposed a fine of Rs 50,000 on the convict. He would have to serve an additional sentence of one year, in case of nonpayment of fine. A case was lodged against him by the survivor in 2021, stating that the accused had forced physical relations with her for a year and also made an obscene video. The accused had also threatened her that he would make the video viral and kill her parents if she told anyone. Vikash was out on bail and facing trial.
Time of India
31 minutes ago
- Time of India
2 Nepali nationals arrested at Mumbai airport for using fake UAE job permits
Mumbai: Two Nepali nationals allegedly attempting to travel to the UAE using counterfeit foreign employment permits (FEP), purportedly issued by Nepal Embassy in New Delhi, were held at the city's international airport on Wednesday. Since May 26, Sahar police have arrested a total 18 Nepali nationals, including Dipendra Yadav (22) and Raj Sah Teli (20), and investigated the issuance of fake FEPs purportedly issued by the Nepali Embassy for flights from Mumbai airport. "Since air tickets are 50% cheaper in India compared to Nepal, job aspirants to Gulf countries travel to India to catch their international flights," a Sahar police officer said. Yadav and Teli told Sahar police that each paid Rs 4 lakh to an agent to secure jobs as AC technicians in the UAE, along with visas and air tickets. They duo they entered India through the Bihar border, took a flight from Patna to Mumbai, and were about to depart for the UAE when they were stopped by immigration officers. "Since air tickets are 50% cheaper in India compared to Nepal, job aspirants to Gulf countries travel to India to catch their international flights," a Sahar police officer said. Immigration officer Rajendra Pal (36) said: "We suspected something was amiss with the FEPs submitted by the two men who were flying to the UAE for jobs as AC technicians. Due to earlier such cases, we got in touch with the Nepali Embassy. We uploaded the FEPs on the Nepali Embassy site and found out that they were fake." Apart from the fake FEPs, all their other documents were genuine, said Sahar police. Yadav and Teli are currently in police custody.
The Hindu
31 minutes ago
- The Hindu
Devise framework for rehabilitation of survivors of industrial accidents in Tamil Nadu: Madras High Court
Taking a serious view of frequent fire accidents in fireworks units in Virudhunagar district, the Madurai Bench of the Madras High Court has asked the State to evolve a structured rehabilitation framework for victims families, including educational support for children, widow pension, and housing security, so as to address the long-term impact of such tragedies. Justice B. Pugalendhi observed that the repeated pattern of accidents — 131 deaths and 146 serious injuries between 2019 and 2023 in the region — only suggested a chronic absence of inspection, enforcement, and accountability. The regulatory bodies, despite having knowledge of the hazardous nature of the work and the vulnerability of the workers, had failed to discharge their obligation under Article 21 of the Constitution to protect the right to life of citizens working in high-risk industries. This lapse cannot be termed accidental. It is structural and ongoing. The court observed manufacture, possession, and sale of fireworks were regulated under the Explosives Act, 1884, and the Explosives Rules, 2008. The District Magistrate or the District Revenue Officer was empowered to issue licences only where the total quantity of explosives, including raw materials, processed material, and finished goods, did not exceed 15 kg at a time. Quantities ranging from 15 kg to 500 kg fell under the jurisdiction of the Controller of Explosives and those above 500 kg under the Chief Controller of Explosives. However, it had come to light that the DROs had issued licences beyond their jurisdiction. Such licences were patently invalid, the court observed. Sivakasi, known as the 'fireworks capital of India', contributed over 90% of the country's production. Its dry climate, minimal rainfall, and humidity made it ideal for fireworks, but the conditions heightened the risk of explosions. Virudhunagar district was classified as an Aspirational District by NITI Aayog, reflecting persistent underdevelopment. The area suffered from critical groundwater scarcity, negligible agricultural activity, and limited industrial diversification. Workers had no alternative but to work in these dangerous factories, fully aware of the risks. These were not choices made freely, but under compulsion of survival, the court observed. According to the judge, there is widespread non-compliance and endangerment of lives. Whenever an accident occurs, investigations into such accidents are conducted in a mechanical fashion. The FIRs registered in 2019 and 2020 remain pending in 2024. There is no engagement of explosive experts, no forensic reports, and no meaningful determination of the cause. The report of a committee, headed by retired judge K. Kannan, formed by the National Green Tribunal to look into the cause of Achankulam accident in Sivakasi, found subleasing of licensed premises, overcrowding, untrained workers, chemical mixing in open areas, and locked exits as major causes of the blast. The cumulative effect of illegal licensing, absence of safety measures, ineffective inspections, and casual investigations point to a breach of Article 21. The State is liable for failure to protect life in hazardous employment. The court was hearing the petition filed by four Scheduled Caste women who lost their husbands in a fire accident at a fireworks unit in Ettakkapatti in Sivakasi in 2014. Though ₹5 lakh to each of the victims was recommended, the government in 2015 sanctioned only ₹1 lakh as ex gratia compensation. The petitioners sought the release of the balance amount and a suitable employment to a family member each. The court enhanced the compensation amount to ₹10 lakh each and directed the State to pay the compensation amount in eight weeks. Pointing out the reasons, the court observed the deceased were engaged in the fireworks industry, which was not only classified as a 'hazardous occupation', but also regulated as a dangerous operation. The workers were allowed to operate in unprotected environments, with no formal training, no protective gear, and no regulated safeguards. The working conditions made accidents not just probable but inevitable. The court pointed to the failure of the State in discharging its Statutory and Constitutional duties. The court also referred to the Supreme Court judgment in Safai Karamchari Andolan to enhance the compensation. The victims' families were from socially and economically weaker sections, with dependent children and no sustainable alternative income. The effect of the accident was not only immediate but perpetual, warranting compensation that reflected both the economic and human dimension of the loss. The State could not escape responsibility where its agencies had failed to prevent an accident in a dangerous industry. The award of compensation was not penal but declaratory of the constitutional breach, and ₹10 lakh per family was a fair, just, and proportionate recognition of the same, the court observed. The judge directed the Director of Industrial Safety and Health to ensure enforcement of safety norms under the Explosives Act and the Explosives Rules, the Factories Act and the Factories Rules, including compliance with the licensing limits, mandatory appointment of safety personnel, periodic inspections, and safety training. The safety of workers in hazardous industries should be treated as a matter of utmost priority. The Chief Controller of Explosives, PESO, Nagpur, shall take necessary steps to scrutinise the licensing practices in Sivakasi and other firework clusters and take appropriate action wherever licences were found to be issued in excess of the legal limits prescribed under the Explosives Act and Rules, the court directed. The Director General of Police must ensure fire accidents involving explosives are investigated by personnel equipped with adequate technical knowledge, with due assistance from forensic experts and in accordance with the mandates of the Explosives Act. Severe understaffing in the Industrial Safety and Health Department made it nearly impossible to conduct regular inspections, enforce statutory safety measures or respond in time to violations. Without adequate technical personnel and supervisory infrastructure, compliance could not be expected. The judged expressed clear expectation that in cases where it was established, upon enquiry or investigation, that the accident occurred due to fault of the employer, including non-compliance with the licensing conditions, safety protocols or subleasing of premises, the licensing authority should take appropriate action, including cancellation of the licence. The responsibility to regulate hazardous industries was statutory, not discretionary.
