AJAB SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These writ petitions under Article 32 of the Constitution of India are filed by the parents of one Rishipal who died while in judicial custody on 1st June, 1996. They pray that an investigation by the Central Bureau of Investigation be ordered into the circumstances of Rishipal's death and that the respondents, the State of Uttar Pradesh and the police and jail authorities of Meerut, be directed to pay to them compensation for his death.

(2.) Rishipal was married to Munish and had three children, aged 7, 4 and 21/2 years in 1997. Munish died on 16th May, 1996. In a complaint lodged in the Police Station, Jani, District Meerut, by the brother of Munish, Rishipal, his brother, father, mother and sister were alleged to have been involved in the death of Munish. On 27th May, 1996, Rishipal, his brother and father were arrested. On 28th May, 1996, they were remanded to judicial custody and lodged in the District Jail, Meerut. Rishipal was seen to be in good health on 31st May, 1996. On the next day, the petitioners received a message that Rishipal had been taken ill and hospitalised in the Medical College, Meerut. On that day, Rishipal was visited by his uncle in the Medical College, Meerut and was found to be in the Emergency Ward. At 9.00 p.m. on 1st June, 1996 he was declared dead.

(3.) The report on the post-mortem examination of the body of Rishipal on 2nd June, 1996 by Dr. M.K. Arya and Dr. B.K. Bajpai is on record. It shows that Rishipal was about 32 years of age and had expired in the Medical College, Meerut at about 9.05 p.m. on 1st June, 1996. External examination of his body showed "bleeding present from nose and mouth". The right side of the thorax contained blood. The organs in the abdomen were found to be contused, to contain 700 ml of blood, and to be congested and contain 100 ml of blood respectively. Ante mortem injuries were found on the body thus: