HASAN ALI Vs. STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) To begin with, the Supreme Court in D.K. Basil's case has observed that "custodial death is perhaps one of the worst crimes in a civilized society governed by the Rule of Law. The rights inherent in Article 21 and 22(1) of the Constitution required to be jealously and scrupulously protected. We cannot whisk away the problem. Any form of torture or cruel, inhuman or degrading treatment would fall within the inhibition of Article 21 of the Constitution, whether it occurs during investigation, interrogation or otherwise. If the functionaries of the Government become Law breakers, it is bound to breed contempt for law and would encourage lawlessness and every man would have the tendency to become law into himself thereby leading to anarchism..." The caution and the guidelines enumerated in the case has been violated in the tiny State of Meghalaya by the Police Personnel in the night of 15.4.2002. The brief facts leading to the filing of the case is narrated hereunder.

(2.) The father of Islam Ali (since deceased) has approached this Court invoking power under Article 226 of the Constitution of India seeking mandamus praying for adequate compensation for custodial death of his son caused by the Police Personnel on duty on the night of 15.4.2002.

(3.) The facts depicted in the writ petition is that his son who was 23 years of age at the time when the occurrence took place, a businessman by profession went along with his friends to witness the Rangali Bihu festival on the night of 15.4.2002 held at Dhankheti, Shillong Meghalaya by hiring a taxi. The son Islam Ali on entering the area had touched the helmet on a red Yamaha bike standing thereon as alleged and immediately 6/7 Police Personnel brutally assaulted him and brought to Laitumkhrah Police Station.