SUKHWINDER KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) A short question of law which arise for determination is whether the husband of the petitioner has been unfairly treated at the hands of the police of the respondent State while in its custody in case FIR No. 50, dated 25.3.2001, under Sections 15/61/85 of the NDPS Act, registered at Police Station Sadar, Khanna, and if so, what would be the amount of compensation payable to her. The petitioner has challenged the order dated 22.7.2005, passed by the Punjab State Human Rights Commission (for brevity, 'the Commission'), rejecting her claim for compensation as a result of death of her husband Nahar Singh in police custody (P -2). A direction has been sought to the respondents to grant her compensation for the negligent act of the police for not providing proper medical care to her husband while he was in police remand.

(2.) BRIEF facts of the case are that on 25.3.2011, the husband of the petitioner, namely, Nahar Singh was arrested by the police in case FIR No. 50, dated 25.3.2001, under Sections 15/61/85 of the NDPS Act, registered at Police Station Sadar, Khanna. On 26.3.2001, Shri Banarsi Dass, ASI -respondent No. 5, who was the then SHO, Police Station Sadar Khanna, filed an application before the Judicial Magistrate seeking 10 days police remand of Nahar Singh. It was stated in the application that 35 Kg. of Poppy husk was recovered from him and since its origin was to be ascertained, therefore, interrogation of the accused was necessary. The Judicial Magistrate 1st Class, Khanna, after perusing the police diary, sent the accused Nahar Singh to police custody till 28.3.2001, vide order dated 26.3.2001 (A -1). On 27.3.2001 at about 10.45 p.m. Nahar Singh was sent to Civil Hospital, Khanna, along with the officials of the Police Station sadar, Khanna, where the concerned doctors had declared him 'brought dead'. On 28.3.2001, the postmortem was conducted and in the postmortem report in the injuries column it has been mentioned that "left lower eyelid is bluish black and slightly swollen". However, in the remarks by the Medical Officer it has been mentioned that "the cause of death in this case could only be ascertained after the receipt of reports of Pathologist Chemical Examiner". In the report of the Chemical Examiner, dated 17.7.2001, no poison was found in the contents of the body which were sent for chemical examination. In the final medical report, dated 5.10.2001, the Board of Doctors have concluded that the exact cause of death in the present case could not be determined.

(3.) FROM a bare perusal of the report of the SDM, Khanna, it is evident that ASI Banarsi Dass -respondent No. 5 has been found guilty of negligence in performing his duty by not getting the medical examination of deceased Nahar Singh conducted within 24 hours of his arrest. However, in the departmental inquiry, which was conducted against Shri Banarsi Dass -respondent No. 5 in pursuance of the directions issued by the Commission, the Enquiry Officer -Superintendent of Police (D), Khanna, has drawn a contrary conclusion and did not find him guilty of the charge. The relevant extract of the Enquiry Report, dated 21.8.2003 (R -1), reads as under : -