PRITI THAPAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Smt. Priti Thapar widow of Shri Ashwani Kumar Thapar has knocked the doors of this Constitutional Court under Articles 226/227 of the Constitution of India for issuance of appropriate directions to the State of Punjab to grant compensation amounting to Rs. 5 lacs to the legal heirs of her deceased husband who died in judicial custody under mysterious circumstances while lodged in Central Jail, Jalandhar on account of the fact that in an inquiry held by the Sub-Divisional Magistrate, Jalandhar, it was found that poison was administered to the deceased husband of the petitioner regarding which even FIR No. 5 dated 16-1-2003 has been registered against nine officials of the Central Jail, Jalandhar. The petitioner has also sought a direction to the State of Punjab to comply with the order dated October 23, 2003 (Annexure P-2) passed by the Punjab State Human Rights Commission (hereinafter referred to as the Commission) in complaint No. 2105 of 2001 recommending to the State Government to take disciplinary action against certain officials of the Police and Jail Departments who have been found, prima facie, negligent in the performance of their duties in relation to matter of administering poison to her deceased husband.

(2.) Briefly, the facts are that the deceased husband of the petitioner (Ashwani Kumar Thapar) was involved in some criminal case registered vide FIR No. 39 dated March 29, 1992 under Section 460. I.P.C. by P. S. Division No. 6, Jalandhar and he surrendered before the Court of competent jurisdiction on 15-1-2001; the petitioner who is 26 years old and is mother of two minor children aged about 7 years and 4-1 /2 years respectively met her husband on May 4, 2001, which was the date of hearing in the Court case, and remained with him along with her two minor children in the Court premises till 3.30 p.m.; her deceased husband was taken to the jail at about 4 p.m. and thereafter he died inside the jail under mysterious circumstances; the death is said to have occurred at 4.30 p.m. but the petitioner was not informed although her house is situated at a distance of only 100 metres from the Central Jail, Jalandhar, the deceased was just 28 years old and was hale and hearty; the petitioner came to know about the death of her husband at about 10.30 p.m., that too when a person known to her informed that an attempt was being made to hospitalise her deceased husband; however, due to timely protest the hospital and jail officials could not admit her husband as the petitioner along with some members of the Punjab Human Rights Organisation reached the hospital at Jalandhar and prevented the admission of her deceased husband as a patient; due to public protest, the Deputy Commissioner, Jalandhar ordered an inquiry into the matter by the Sub-Divisional Magistrate, Jalandhar; however, the then Jail Superintendent continued to interfere with the inquiry which compelled the petitioner to approach the Commission vide complaint Nos. 2105 of 2001 and 2322 of 2001 in which prayers for taking action against the Jail officials and for grant of compensation to the family were made; the Commission took cognizance of both the complaints and upon issuance of notice, the State of Punjab submitted a report dated October 15, 2003 (Annexure P-1) to the District Magistrate, Jalandhar which was based upon the inquiry report of Sub-Divisional Magistrate, Jalandhar-1; it has been stated in the report that an FIR No. 5 dated 16-1-2003 regarding the death of the husband of the petitioner in judicial custody had been registered against certain officials but the issue, as to who had actually administered poison to the deceased could be established only through police investigation; it was also stated in the report that prima facie Gurdip Singh, ASI, Paramjit Singh Head Constable and Sohan Lal Head Warder were responsible for negligent performance of their duties warranting action against them; the Commission vide its order dated October 23, 2003 (Annexure P-2) has accepted the report of the Sub-Divisional Magistrate, Jalandhar 1 which is also supported by the District Magistrate, Jalandhar and has recommended to the State Government to take disciplinary action against certain officials of the police and jail departments who were found prima facie responsible for the cause of death; regarding the grant of compensation, the Commission has directed the legal heirs of the deceased to seek their remedy in accordance with law; that the deceased Ashwani Kumar Thapar was the only bread- earner of the family of the petitioner and her two minor children, who are his legal heirs, have no source of livelihood and the petitioner is not in a position to feed and bring up her two minor children. The petitioner has accordingly sought a compensation of Rs. 5 lacs to be paid to her and her minor children by the State of Punjab.

(3.) Upon notice, reply on behalf of respondents Nos. 1 to 3 has been filed, inter alia, admitting the fact that the deceased Ashwani Kumar Thapar died on 4-5-2001 on way to Civil Hospital, Jalandhar and that FIR No. 5 dated 16-1-2003 under Section 304-A, I.P.C. of P. S. Division No. 2, Jalandhar, has been registered against nine jail officials and two police officials on the basis of enquiry conducted by the Sub-Divisional Magistrate, Jalandhar. It has also been admitted that the Commission held some officials of the police and jail departments to be prima facie negligent and necessary steps regarding taking disciplinary action against them in terms of the order passed by the Commission are being taken.