SURESH DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Following orders were passed in the matter on 7/1/2022:- This petition has been filed invoking jurisdiction of this Court under Article 226 of the Constitution of India with the allegation that petitioner's son has been murdered in police custody in the night intervening 11/12/12/2020 while he was in police custody in Case Crime No.1181 of 2020, under Sec. 366 I.P.C., Police Station Khurja Nagar, District Bulandshahar. A prayer has also been made to protect the life and liberty of the petitioners as their son was subjected to torture and murder as he had contracted inter caste marriage out of his own free will. It is contended that the authorities have been most unfair in dealing with the grievance raised by the petitioners. Attention of the Court has been invited to the provision contained in Sec. 176 Cr.P.C, sub Sec. (1) A whereof contemplates holding of a judicial enquiry where death is caused in the custody of the police. It is also stated that neither any post mortem has been carried out nor the body has been burned and instead the police personnels have cremated the body contrary to all settled norms. Learned AGA does not dispute the fact that a judicial enquiry was initiated with a request made to District Judge on 6/1/2021 and states that a report is still awaited.

(2.) Pursuant to above directions, a report has been received from the District Judge, Bulandshahr, annexing the copy of the judicial enquiry conducted by Additional Chief Judicial Magistrate, Court No.1, Bulandshahr. Conclusions of the enquiry report are at page 10, in which it has clearly been found that the son of the petitioners died in the police custody and the police personnels are responsible for it. We are informed by learned AGA that the report of the judicial enquiry has been forwarded to Additional Chief Secretary, Home, by the District Magistrate concerned on 18/1/2022. No further instructions are available with the learned AGA about the outcome of such communication.

(3.) Custodial death is a serious matter, particularly when the allegations are found true in the judicial enquiry and police personnels responsible for the death of the victim. It is otherwise on record that no postmortem was conducted and the body was cremated by police personnels. In matters of this kind we expect the higher officers to be sensitive to the deprivation of liberty and to immediately proceed to take appropriate action, as is warranted in law. We are not convinced with the version of the State that it is a case of suicide by victim, as the judicial enquiry has come to a different conclusion. Appropriate report ought to have been lodged under Sec. 154 and investigation ought to have progressed. Claim for payment of compensation also ought to have been considered.