SHEELA S YERPUDE Vs. HOME DEPARTMENT MUMBAI

JUDGEMENT

(1.) THIS petition under articles 226 and 227 of the Constitution of india has been filed by Smt. Sheela widow of Sudhakar Yerpude claiming compensation in the sum of Rs. 10 lacs against the respondent-State and its officials on the ground of wrongful confinement, custodial torture and custodial death caused by the police officers of Police Stations Lakadganj and Gittikhadan situated within the jurisdiction of the Commissioner of Police, nagpur.

(2.) SUDHAKAR son of Gangadhar Yerpude was a goldsmith carrying on business in purchase, sale and making of golden ornaments at Nagoba Lane, Chitar Oli, Nagpur. The petitioner is the widow of the said sudhakar. In all three children were born out of the wedlock, that is two sons and one daughter. The children are minors and the petitioner and her children were totally dependent on the income of deceased sudhakar for their livelihood and future.

(3.) IT is the case of the petitioner that on 9-2-2002 deceased Sudhakar was picked up from his house by the officers of Police Station Lakadganj, Nagpur, and kept in wrongful detention for three days without showing his arrest and producing him before the magistrate within 24 hours from the time of his arrest, nor the petitioner and her relatives were informed of the reasons for his arrest and detention and though the petitioner tried to repeatedly contact the Authorities in the matter, it was only on the third day the officers of Lakadganj Police station agreed to release deceased sudhakar on their depositing 130 gms. of gold, 100 gms. of silver and an amount of rs. 15,000/- by way of bribe. It is the case of the petitioner that during unlawful detention of her husband, the police officers of Lakadganj Police Station physically tortured him and pressurized him mentally and physically to part with the said gold, silver and a sum of Rs. 15,000/- for his release. The petitioner and her husband being placed in such a helpless situation that they were left no choice but to fulfill the unlawful demands of the police officers of Lakadganj police Station and, therefore, they handed over 130 gms. of gold, 100 gms. of silver and a sum of Rs. 15,000/ -. According to the petitioner, the police officers claimed that deceased Sudhakar had purchased 130 gms. of gold and 100 gms. of silver from a person, who had stolen it from some place, and that the amount of Rs. 15,000/- was demanded to settle the matter and to free her husband from their illegal custody. After their demand was fulfilled, police released him on 11-2-2002. It is the case of the petitioner that though her husband-deceased sudhakar - had pleaded with police that he was not concerned with the transaction and was totally innocent and had no nexus in any way with the said person or with the said ornaments, the police officers continued to inflict on him physical and mental torture, from which he escaped after giving the demanded quantity of gold, silver and cash. According to the petitioner, she suffered a shock and was unable to react muchless to take any action against the said police officers.