(1.) This is a petition whereby the petitioners claim compensation from the respondents on account of the death of Sonu, husband of the first petitioner and son of the second petitioner, in police custody. The facts giving rise to this petition are as under : -
(2.) Thus, it is clear from the above that Sonu, who was brought to the police station, died in police custody. His dead body bore extensive tell tale injuries as per the post mortem report of the All India Institute of Medical Sciences. From the counter -affidavit it also appears that the Sub Divi - sional Magistrate, Hauz Khas, New Delhi, had conducted an enquiry into the cause of death of Sonu and prima facie came to the conclusion that respondents 3 to 10 were responsible for his death. FIR No. 375/96 under section 304 Indian Penal Code, P.S. Sarojini Nagar, was registered against respondents 3 to 10. They were arrested and challaned in the case.
(3.) It is significant to note that Sonu was not accused of having committed any offence, yet he was picked up by the men in uniform who later brought him dead to the Safdarjang Hospital with fifty -one injuries on his body. There is no justification nor any has been put forth in the counter -affidavit for what happened to him.