Court emphasizes the violation of fundamental rights under Article 21, mandates strict state responsibility in custodial deaths, including suicides.
In a significant ruling, the Delhi High Court, presided over by Justice Sachin Datta, has held the State accountable for the custodial death of Deepak, who allegedly committed suicide while in police custody at Police Station Karawal Nagar. The court awarded a compensation of Rs. 18,44,400 to his adoptive father, Shyam Sundar, underscoring the State's failure to uphold the fundamental right to life under Article 21 of the Constitution.
The case arose when Deepak, arrested in connection with an FIR, died an unnatural death in custody. The petitioner alleged mistreatment and extortion attempts by police officials, leading to Deepak's suicide. Despite the absence of external injuries, the court recognized the custodial death as a breach of the State's duty of care.
Justice Datta emphasized that custodial deaths, whether by violence, negligence, or suicide, signify a systemic failure and attract public law liability. The court, drawing from precedents like Nilabati Behera v. State of Orissa, reiterated that the right to life persists in custody, and any lapse imposes strict liability on the State.
The court applied the multiplier principle, traditionally used in motor accident claims, to compute the compensation, considering the age, future prospects, and personal expenses of the deceased. This approach aligns with a series of judgments advocating for adequate compensation in cases of custodial deaths.
The judgment serves as a reminder of the State's inalienable duty to protect individuals in custody and reflects a broader commitment to uphold human rights and dignity within the justice system.
Bottom Line:
Custodial deaths, whether caused by violence, negligence, or suicide, constitute a violation of fundamental rights under Article 21 of the Constitution, imposing strict liability on the State to compensate the next of kin of the deceased.
Statutory provision(s): Article 21 of the Constitution of India, Section 357A of the Code of Criminal Procedure, 1973.
Shyam Sundar v. State (Nct Of Delhi), (Delhi) : Law Finder Doc id # 2933116
