Lucknow, Feb 20 (PTI) The Allahabad High Court on Friday directed the Uttar Pradesh government to frame guidelines for determining compensation in cases of custodial deaths, holding that being the custodian of life and liberty of persons in its custody, the state bears a “strict and non-delegable duty” to ensure their safety.
A Lucknow division bench of justices Shekhar B Saraf and Manjive Shukla passed the order while allowing a writ petition filed by Prema Devi, a resident of Pilibhit, who had sought compensation for the unnatural death of her minor son in custody.
The court directed the state government to pay Rs 10 lakh as compensation.
The court suggested that while framing the guidelines, the state may consider parameters such as age, income and dependents of the deceased, similar to the principles followed in motor vehicle accident death cases.
According to the petition, the boy was booked by Puranpur police in Pilibhit district in 2016 in a rape and POCSO Act case and remained in jail for about three years and 10 months. He was later released on bail on February 12, 2024.
Subsequently, he was required to appear before the trial court but failed to do so due to certain reasons. He was later arrested pursuant to a warrant and sent back to jail, where he died on February 20, 2024.
A judicial magisterial inquiry had concluded that the youth died by suicide and no injury marks were found on his body.
However, the bench held that the death occurred while the deceased was in the custody and control of the state authorities and that the material on record unmistakably established violation of the fundamental rights guaranteed under Article 21 of the Constitution.
In its judgement, the court observed, “Custodial torture is a naked violation of human dignity and degradation that destroys the self-esteem and being of the victim to the absolute core. Custodial torture is a calculated assault on human dignity and whenever human dignity is wounded, civilisation takes a step backwards.” The bench further noted that despite repeated recommendations to eliminate torture from the investigative system, incidents of custodial violence and deaths in police custody and prisons continue to persist.
“Custodial violence and deaths strike the very core of the rule of law and are an affront to human dignity. The State, being the custodian of life and liberty of persons in its custody, bears a strict and non-delegable duty to ensure their safety. Failure to discharge this obligation attracts public law liability,” the court said. PTI COR KIS ZMN
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