INDERJIT KAUR Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) Petitioner is the mother of deceased Inderpal Singh @ Sunny, who unfortunately died while being tried in FIR No.211 dated 29.8.2012 registered at Police Station Kotwali, Patiala under the NDPS Act, in essence in custody.

(2.) Mr. Vivek Salathia, learned counsel representing the petitioner submits that in view of the aforementioned FIR, the deceased was being kept in Central Jail, Patiala. However, on 5.2013, he unfortunately died. The postmortem report did not indicate the cause of death. Even the viscera report dated 12014 (Annexure R-I) and histopathological examination report dated 13.3.2014 (Annexure R-2) do not indicate the cause of death, in essence submit that the cause of death was never detected.

(3.) He further submits that it was a case of negligence on the part of the jail authorities/police of not having given the treatment to the deceased. The medical report placed on record shows that the deceased was given treatment, i.e., antibiotic and some ointments. The story of the police/State that the deceased was suffering from Pilonidal Cyst has not been proved to the hilt, thus, he submits that it was the duty of the jail authorities/police to take care of the deceased and having not done so, it cannot be ruled out that the victim was subjected to ill-treatment, which resulted into negligence of the police, which is being camouflaged by all possible means. The petitioner-widow was deprived of love and affection of the child. In support of his contention, he has relied upon the Division Bench judgment of the Orissa High Court rendered in Radhakanta Majhi and others v. State of Orissa and others, 2014 AIR (Orissa) 206 to project that the custodial death is a violation of Article 21 of the Constitution of India and, therefore, the petitioner should be compensated in terms of money for the custodial death of her son. He referred to paragraph 8 of the judgment to submit that callousness and negligence of the jail authorities was established. He has also relied upon various other judgments of this Court and other High Courts.