AIZAWL BENCH VANLALHRUAIA Vs. TLUANGA PARTE

JUDGEMENT

(1.) By this application a prayer has been made for awarding a compensation of Rs. 2,00,000/- to the petitioner. As per the averments made in the writ petition, he was arrested by the Police on 31.01.01 in Aizawl P.S. Case No. 830/2000 U/S 468/471 of IPC. He was produced before the Magistrate First Class, Aizawl District, Aizawl on the same date. The petitioner informed his counsel that he was tortured by the investigation Officer while in Police lockup. According to the information furnished to his counsel, the nature of torture meted out to the petitioner was as follows :

(2.) On being furnished with the above information, the learned counsel for the petitioner allegedly prayed before the Court to allow medical check-up of the petitioner. The prayer was granted and the petitioner was sent for medical check-up. Nothing has been stated in the writ petition as to what transpired during medical check-up. According to the averments made in the writ petition, the investigation agency violated Sections 330/331 of the EPC and Articles 21 and 22 of the Constitution of India. A reference has been made to the decision of the Apex Court in D. K. Basu Vs. State of West Bengal as reported in (1997) 1 SCC 416.

(3.) With the aforesaid narration of the alleged incident, a further statement has been made in the writ petition that the petitioner is entitled to monetary compensation of Rs. 2,00,000/- from the Police and the State which according to the petitioner are vicariously liable.