MOTIMBAI Vs. STATE OF C G

JUDGEMENT

(1.) By this petition, the petitioners seek a compensation to the tune of Rs.5,00,000/- on account of death of husband of the petitioner No.1 and father of the petitioner No.2, who is alleged to have died while he was in custody of respondents No.5 & 6. The petitioners further seek a direction for taking suitable action against the respondents No.5 & 6.

(2.) The facts, in brief, as projected by the petitioners, are that the husband of the petitioner No.1 was taken by the respondent No.6 forcibly from Balco to District Janjgir- Champa on 11.09.1999 and during the course of transit while the deceased namely Chhotelal Soni was in custody, he was beaten brutally, which led to his death on the same date. Earlier, a writ petition being W.P.No.1002 of 2000 was filed before the High Court of Madhya Pradesh at Jabalpur, which was disposed of vide order dated 09.02.2000 (Annexure P-7), on the ground that the petitioners had already invoked the jurisdiction of the State Human Rights Commission (for short "the Commission") for the same relief, as claimed in that petition. However, it was directed that the State Human Rights Commission, shall consider grievance of the petitioner expeditiously.

(3.) The State Human Rights Commission, in its report dated 08.01.2001 (Annexure P-8), has recommended that the legal representatives of the deceased Chhotelal Soni be awarded a compensation to the tune of Rs.50,000/-, which may be recovered from the respondent No.5 & 6. It was further recommended that the respondent No.5 & 6 be placed under suspension and departmental enquiry be instituted against them and the respondent No.5 may not be appointed as in- charge for a period of three years. The Commission has also expressed its distress that the District Magistrate and the Superintendent of Police have not performed their duty properly.