MOHD. HUSAIN Vs. STATE OF DELHI

JUDGEMENT

(1.) This is a writ petition filed by the petitioner under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking payment of compensation on account of the alleged custodial death of his son Mohd. Khalid Hussain, aged 21 years, in police custody.

(2.) Briefly stated, the facts as alleged in the petition are that the petitioner's son was employed as a civilian pump operator in Subroto Park, Delhi Cantt and in spare time, he was alleged to be working as a Caddy in the Golf Club, Dhaula Kuan, Delhi Cantt. Petitioner's elder daughter, Sajida Parveen used to work in the house of one Wing Commander Johri as a domestic servant. It is stated that Sajida used to cook food at his house but after passing her 12th standard examination, she started running her beauty parlour because of which, she stopped working at the residence of Wing Commander Johri as a domestic servant. It is alleged that this was not liked by the Wing Commander, who contacted the parents of Sajida, namely, the petitioner and his wife and asked them that their daughter Sajida should continue to work at his residence. It is further stated that the Wing Commander had allegedly also advanced threats that in case, she does not work at the residence of the Wing Commander then their family would face dire consequences.

(3.) It is alleged in the petition that on 3.11.1998 at about 4 p.m. corporal Bimal Pandey along with one Vinod Shukla and a police constable by the name of Devender came to the house of the petitioner at Quarter No.41, Subroto Park, Delhi Cantt and took Mohd. Khalid Hussain, son of the present petitioner, to the pump house of Subroto Park.