HARJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India praying for proper investigation into the unnatural death of one Lakhwinder Singh alias Lucky in police custody. A prayer for award of the compensation to the tune of Rs.25 lacs has also been made.

(2.) The petitioner is the widow of Lakhwinder Singh alias Lucky who was lodged in Central Jail, Gurdaspur pursuant to the registration of F.I.R. No.20 dated 19.5.2006 under Sections 302/34 I.P.C. at Police Station Dera Baba Nanak District Gurdaspur. Intimation was received by the petitioner on 8.10.2009 from the Superintendent, Central Jail, Gurdaspur about the death of her husband in jail. The grievance of the petitioner is that despite the fact that the F.S.L. and the post-mortem reports collectively point out to an unnatural death and subjecting the deceased to unnatural sexual offence within a few minutes of the death, neither the investigation has been carried out properly into the incident, nor has the petitioner been compensated by the State for the custodial death of her husband. Rather, the death has been passed off as suicide on account of hanging. The facts detailed in the petition would be undisputed as far as the custody and death are concerned. The Court has thus to go into the three issues (1) whether an unnatural, unexplained death took place when the deceased was in custody of the respondents and (2) if so, whether this Court can grant compensation in the exercise of its jurisdiction under Article 226 of the Constitution of India and (3) resultantly, compensation and its extent. The Hon'ble Supreme Court in numerous judgments has held that the High Court in the exercise of its jurisdiction under Article 226 of the Constitution of India is not precluded from granting compensation in the case of custodial deaths.

(3.) In The Deputy Commissioner, Dharwad District, Dharwad and others v. Shivakka and others, 2011 12 SCC 419, while relying on the following judgments the Hon'ble Supreme Court observed as follows :- In Rudal Sah v. State of Bihar and another, 1983 AIR(SC) 1086 the Hon'ble Supreme Court ordered payment of compensation in lieu of illegal detention. While rejecting the State's plea that the petitioner should be relegated to the remedy of suit, the Court observed :