ZAMEELA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner seeks a writ in the nature of mandamus directing enquiry into the incident of death of his son namely Jameel (hereinafter referred to as "the deceased") who died in Central Jail, Bilaspur, on 26.05.2007. Further, to register a case for serious offences against the guilty persons. It is further prayed that a compensation to the tune of 20 lacs may also be awarded.

(2.) The facts, in nutshell, as projected by the petitioner, are that the petitioner is the mother of the deceased Jameel. On 20.05.2007, four police officers came in civil dress and arrested one Jagmohan on account of alleged theft of a motor-bike. Deceased visited the police station and he was also taken into custody on 21.05.2007. The petitioner came to know about the arrest of deceased on 22.05.2007. The deceased Jameel was taken into custody and put in Central Jail, Bilaspur. The petitioner met the deceased on 22.05.2007 at about 10.30 A.M. wherein she found that the deceased was having visible bruises and marks on his body. The deceased was crying and the petitioner was told by the deceased that he had been beaten at the police station by the police officers and thereafter, he was transferred to the Central Jail, Bilaspur and placed in barrack No. 16 of the Jail. On 26.05.2007, at about 1.30 P.M., the petitioner was informed that her son, Jameel, died in prison. A protest was lodged. The family of the deceased took the body of the deceased at about 5 P.M. from the Central Jail and thereafter, while the body was being bathed, numerous injuries and marks were noticed by one Abdul Quadir and Hafiz in presence of Mohammad Joseph. Thus, this petition for registering a case against the police officers as well as other prisoners who had brutally assaulted the deceased which lead into his death.

(3.) Shri Jain, learned Counsel appearing for the petitioner would submit that the death of Jameel took place in the suspicious circumstances and this is a case of custodial atrocities while in police custody. Thus, the case may be registered against the concerned police officers and a compensation as aforestated be granted.