NAZEER SAHEB Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) PETITIONERS seek a Writ of Mandamus directing the Respondents 1 to 4 for payment of compensation of Rupees one Lakh on account of the death of their son Basheer Ahmed in police custody and further seek a direction to the respondents 1 to 3 to take appropriate action including that of prosecuting the fourth respondent and other Police Constables responsible for the death of Basheer Ahmed while he was in the custody of the I Town Police Station, Madanapalle.

(2.) THESE two petitioners who are the father and mother of the deceased Basheer Ahmed have moved this Court invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking the relief as cited supra on the ground that their son Basheer Ahmed died in the custody of I Town Police Station, Madanapalle on account of torture by the Police personnel while he was in illegal detention in I Town Police Station, Madanapalle from 23 -8 -1991 to 24 -8 -1991. According to the petitioners, the first petitioner was keeping indifferent health and therefore, came to Madanapalle and got himself admitted in a private hospital on 23 -8 -1991. His eldest son Basheer Ahmed came to Madanapalle to meet the petitioners who are his father and mother. After meeting his parents, Basheer Ahmed went back to Punganur, a place of their ordinary residence. On 25 -8 -1991, a Police constable from Punganur Police Station went to their house at Punganur and made enquiries about the first petitioner and his son Basheer Ahmed. 1st Petitioner's daughter and son -in -law seem to have informed the Constable that the first petitioner is hospitalised and he is under treatment in Chandramohan's Hospital at Madanapalle and tried to elicit some more information as to why the Police Constable is enquiring about the first petitioner. On such enquiry, the Constable seems to have informed the daughter and son -in -law that Basheer Ahmed's condition is serious and desired to take the father and mother of Basheer Ahmed to Government Hospital at Madanapalle. Knowing the information as to the stay of the petitioners in a Private Hospital at Madanapalle, the Constable seems to have come to Chandramohan's Hospital at Madanapalle and took the second petitioner and her daughter to Madanapalle Government Hospital to see Basheer Ahmed. As the condition of the first petitioner was critical, he was left alone in the hospital and he was not disturbed. It is stated, that in the mean time, on knowing about this incident, the son -in -law of the petitioners seems to have gone to the Government Hospital at Madanapalle and requested the Police Personnel present there to show Basheer Ahmed. When the Police were not disclosing the facts about the health condition of Basheer Ahmed, he became suspicious and rushed to Punganur, the ordinary place of residence of the petitioners' family, and brought some relatives to Madanapalle. It was then, the Police disclosed to the second petitioner and son -in -law that Basheer Ahmed had died in I Town Police Station, Madanapalle. The Police, according to the petitioners, in their anxiety prepared some statements and wanted the second petitioner to sign on the said statements. It is stated that the second petitioner refused to sign on the statements and insisted to show the dead body of her son Basheer Ahmed. The crowd which had gathered before the Government Hospital became unrest and demanded that the dead body should be shown to the relatives of the deceased. At that stage, the police showed the body of the deceased Basheer Ahmed to the releatives including the second petitioner. It is stated that they noticed several injuries on the dead body of Basheer Ahmed and later the dead body was sent for Post -Mortem Examination. According to the petitioners, on enquiries made by them, it was revealed that their son Basheer Ahmed was picked up by the Police on 23 -8 -1991 at the Bus Stand on suspicion and he was taken to I Town Police Station, Madanapalle and tortured in the Police Station. On account of beating and torturing by the Police in the I Town Police Station, Basheer Ahmed died and the body was moved to the Hospital where he was finally declared dead by the doctors of Government Hospital, Madanapalle. It is alleged that the Police on finding that Basheer Ahmed died in their custody on account of beating and torturing, foisted a false case as if Basheer Ahmed was involved in a theft case and a case was also registered in Crime No. 98/91 under Section 380 of the Indian Penal Code. The petitioners further alleged that the Police later -on registered an FIR at II Town Police Station in Crime No. 80/91 stating that the S.I. of Police, I Town Police Station, the fourth respondent herein, had reported that the deceased Basheer Ahmed who was in police custody from 2.45 P.M. on 23 -8 -1991 got fits at 12.30   P.M. on 24 -8 -1991, while preparations being made to produce him in the Court, and that he was taken to the Government Hospital at 1.00 P.M. where he was declared dead. These petitioners state that the issuance of first FIR in Crime No. 98/91 by the I Town Police Station Madanapalle under Section 380IPC and the second FIR in Crime No. 80/91 by the II Town Police Station, Madanapalle, are all stage -managed for the purpose of avoiding any responsibility that would be fall on them.

(3.) TO meet these allegations, a counter is filed on behalf of the respondents 1 to 3 refuting the allegations that Basheer Ahmed died because of the beating and torturing by the Police. On the contrary, the stand taken by the respondents 1 to 3 is to the effect that the deceased Basheer Ahmed was brought to the I Town Police Station, Madanapalle on 23 -8 -1991 around 2.30 PM by one Shankar Reddy and others alleging that Basheer Ahmed was involved in theft of a saree, he was caught red -handed and people gathered in that place beat Basheer Ahmed. Accordingly, a complaint in Crime No. 98/91 was registered under Section 380 IPC on the basis of the complaint given by said Shankar Reddy, Sarpanch, Molakalacheruvu, resident of Society Colony, Madanapalle. It is the further case of the respondents 1 to 3 that the fourth respondent who was present at the time when the deceased was brought to Police Station, noticed small injuries on his body, kept him in police custody and prepared necessary FIR on the basis of the complaint filed by said Shankar Reddy. On the next day, i.e., on 24 -8 -1991 around 12.30 P.M. when the fourth respondent was preparing a remand report for producing Basheer Ahmed before the Court, he developed fits. In order to get him treated, he was immediately shifted to the Government Hospital at Madanapalle where around 1.00 P.M. he was declared dead by the doctors of the said Hospital. It is further stated that subsequently a case in Crime No. 80/91 was registered in II Town Police Station and an express FIR was sent to the Sub -Divisional Executive Magistrate, Madanapalle. On 24 -8 -1991 the Sub -Inspector of Police. Madanapalle requested the Sub - Divisional Executive Magistrate to hold inquest on the dead body of the deceased. The inquest was conducted at 2.00 P.M. on 25 -8 -1991. After inquest, post -mortem was conducted on the dead body. The respondents 1 to 3 categorically denied that Basheer Ahmed died in Police Custody on account of alleged beating and torturing by the Police. It is further stated in the counter that a Magesterial enquiry was ordered in the matter by the second respondent by proceedings No. C.6/15378/91 dated 1 -9 -1991. Pursuant to the said proceedings, the Revenue Divisional Officer, Madanapalle conducted a Magisterial enquiry after issuing necessary notices to the general public to appear before him on 28 -11 -1991,9 -12 -1991,30 -3 -1992, and 25 -6 -1992 and the said enquiry went upto 26 -10 -1992. In all, it is stated that the Executive Magistrate examined 23 witnesses during the course of enquiry and also examined the Medical Officer who conducted post -mortem on the dead body. The Enquiry Officer submitted his report on 16 -4 -1993. Besides the Magesterial enquiry, investigation by local police was held by Circle Inspector, Madanapalle and examined 11 witnesses including the fourth respondent. According to the police enquiry also, it is stated that the deceased was caught by the public while he was committing theft of saree and was beaten with sticks and hands and was then handed over to the I Town Police Station, Madanapalle. The respondents, on the contrary, stated that the deceased Basheer Ahmed died due to 'Intracerebral Rupture Of Berry Aneurisus'. The respondents 1 to 3 ultimately contended that the petitioners are not entitled to claim any compensation, nor any direction could be issued to the respondents for payment of compensation as the respondents are not responsible for the death of Basheer Ahmed.