IQUBAL BEGAM Vs. STATE OF DELHI

JUDGEMENT

(1.) This writ petition is directed against the behaviour of the police who, according to the petitioner, took into custody her husband, Sayyad Masoom Ali, a retired Government servant, aged 68 years on 29.8.1994 and brutalised him which ultimately resulted in his death. The petitioner prays for an appropriate order or direction to the effect to call for the post mortem report as also the report of the SDM and thereafter direct appropriate criminal proceedings against the erring officers. Another prayer, amongst others, is for payment, of ex gratia compensation to the tune of rupees ten lacs.

(2.) Brief facts of the case are that on 27.8.1994 at around 5.00 p.m. the petitioner's husband was summoned to the Police Station, Seelampur. Suffice it to say that during interrogation, it appears, the petitioner's husband met his end. A magisterial inquiry under Section 176 of .the Code of Criminal Procedure was held and the Magistrate submitted his report vide which he found that on the basis of all evidence on record and all versions, the death of Sayyed Masoom Ali occurred while in police custody.

(3.) He was taken into custody vide DD No. 608 of Police Station Seelampur (on the basis of FIR No. 475/94) at 7.50 p.m. on 27.8.1994. He was taken to GTB Hospital at 11.30 p.m. on 27.8.1994 vide DD No. 758 in police custody. At the hospital the MLC of Sayyed Masoom Ali records brought by ASI Ratan Lal, Police Seelampur and brought dead at 00.40 hrs. on 28.8.1994. Thus from the time Sayyed Masoom Ali was put inside the lock up i.e. 7.50 p.m. on 27.8.1994 to the time he was declared dead i.e. 00.40 hrs on 28.8.1994, he was in continuous police custody. Therefore, the fact of Sayyed Masoom Ali being in custody of police when he died is clearly established. From the post mortem report it is evident that the following injuries which were ante-mortem were found on the person of the deceased: