DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD Vs. SHIVAKKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners. This special leave petition has been filed impugning the judgment of the Division Bench of the Karnataka High Court whereby the learned Judge has computed the compensation to be awarded to the victim, who died in police custody, at Rs 3,00,000 in addition to Rs 1,00,000 which was released ex gratia by the Deputy Commissioner of Police. Ms Anitha Shenoy, learned counsel for the petitioners submits that the entire amount of Rs 4,00,000 has been deposited with the High Court and is lying deposited. If the amount is so far not been disbursed in compliance with the direction given by the High Court, the needful be done without delay. We also direct the petitioners to deposit an additional sum of Rs 1,00,000 with the Registry of the High Court.

(2.) The record of the case does not show whether the criminal case registered against Subhash Desai, who is alleged to have assaulted the victim, has made any progress. Ms Shenoy requests and we allow her four weeks' time to file a detailed affidavit of the Director General of Police stating therein the present status of the criminal case against Subhash Desai. The officer concerned shall also disclose whether Subhash Desai has been arrested and whether or not he is still in custody.

(3.) While adjourning the case, we make it clear that the amount of compensation fixed by the High Court appears to be inadequate and the same deserves to be enhanced keeping in view the judgment of this Court in Railway Board v. Chandrima Das, 2000 2 SCC 465 The matter may come for further arguments two weeks after the ensuing Christmas holidays.