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Police is liable to compensate against illegal detension and torture

Raj Kumar Makkad ,
  15 May 2010       Share Bookmark

Court :
Madras High court
Brief :
llegal detention and arrest by police - Death of person arrested in Hospital due to torture by police officers - Compensation for death caused by police - Whether the petitioner's request for payment of compensation can be countenanced by the High Court?
Citation :
Prabavathy v. The State of Tamil Nadu (Decided on 23.04.2010) MANU/TN/0425/2010

Held, that the petitioner is eligible for compensation on account of the torture meted out to her husband and the subsequent death of her husband. This Court is of the view that the petitioner has made out a strong case regarding the illegal arrest of her husband and the subsequent torture in the police lock-up before the admission to Central Prison. Moreover, the petitioner's husband was arrested without following the guidelines laid down in D.K.Basu case. The accident register and the history sheet in the hospital also show that there was an allegation that the petitioner's husband was assaulted by the police and was injured by some stick. A cumulative effect of these factors would show that the petitioner's husband has suffered injuries and though the final post mortem certificate shows that it was a natural death, but even for the illegal detention and torture in the lock-up, the petitioner is entitled to compensation. Writ petition stands allowed and the first respondent is directed to pay Rs. 5 Lakhs to the petitioner.

 

 
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Published in Criminal Law
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