SC orders CBI probe into custodial death of Chhattisgarh man, directs Rs 25 lakh interim compensation
New Delhi, Aug 12 (IANS) The Supreme Court on Wednesday transferred to the Central Bureau of Investigation (CBI) the probe into the custodial death of a Chhattisgarh man and directed the state government to pay Rs 25 lakh as interim compensation to his widow and two minor daughters.
A Bench of Justices Vikram Nath and Sandeep Mehta, which had reserved its order on August 4, directed the CBI to register a regular criminal case into the circumstances leading to the death of Shravan Suryavanshi alias Sarvan Tamre and entrust the investigation to a senior officer.
“In the facts and circumstances of the case, we are of the firm opinion that the ends of justice require that investigation into the circumstances leading to the custodial death of Shravan be entrusted to the Central Bureau of Investigation and that all officials found responsible for the custodial violence upon completion of the investigation be proceeded against and prosecuted in accordance with law,” the Supreme Court ordered.
It further directed the CBI to examine the conduct of Chhattisgarh officials who failed to take appropriate steps despite the findings recorded in the judicial inquiry into the custodial death.
“The conduct of the concerned state government officials, in failing to take appropriate steps pursuant to the submission of the judicial inquiry report, shall also be duly examined and made a part of the investigation,” the apex court held.
The Supreme Court directed the CBI to conduct the investigation expeditiously and place a report before it on the next date of hearing, October 13.
The proceedings arose from a petition filed by Lahra Bai Tamre, wife of the deceased, along with their daughters Sandhya and Sakshi, challenging the October 3, 2024 judgment of the Chhattisgarh High Court.
The High Court had awarded Rs 1 lakh compensation to the petitioners in connection with the custodial death but had not issued any direction for registration of an FIR and investigation into the circumstances leading to the death.
The deceased, Shravan Suryavanshi, was arrested by the Seepat police in Bilaspur district on January 18, 2024, in connection with a case under Section 34(2) of the Chhattisgarh Excise Act relating to the alleged possession of six litres of raw mahua liquor.
He was subsequently sent to Central Jail, Bilaspur. On January 21, 2024, he was referred to CIMS Hospital, Bilaspur, where he died during treatment on January 22.
The petitioners had alleged that Shravan was brutally beaten while in police or jail custody and that his death was a result of custodial violence. However, the Chhattisgarh government had told the High Court that a medical examination conducted after his arrest had found no external injuries and that he had a history of alcohol consumption and swelling of the body.
Following his death, a judicial inquiry was initiated.
The Judicial Magistrate First Class, Bilaspur, in a report dated July 22, 2024, opined that the death appeared to have been caused due to complications arising from a head injury. Taking note of the judicial inquiry report, the Chhattisgarh High Court had held that the widow and daughters were entitled to compensation for the wrongful loss of their husband and father.
The High Court had observed that the deceased died an unnatural death at the age of 34 and that the petitioners had lost the estate, love and affection and dependency due to his untimely death.
A Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru had accordingly directed the state government to pay Rs 1 lakh compensation within eight weeks, with the amount carrying interest at 9 per cent per annum in case of default.
The family then approached the Supreme Court challenging the High Court order. On July 28, the top court had observed that the state government’s counter-affidavit did not disclose the steps taken regarding registration of an FIR and investigation into the custodial death. It had also observed that the compensation of Rs 1 lakh awarded by the High Court “appears to be completely inadequate and not commensurate with the gravity of the loss suffered by the petitioners”.
The Supreme Court thereafter directed the Director General of Police and Principal Secretary (Home) of Chhattisgarh to remain present through video conferencing and sought instructions from the state government.
On August 4, after hearing the counsel for the petitioners, Chhattisgarh government, the Director General of Police, the Director General of Prisons and the Principal Secretary (Home), the Supreme Court reserved its order and fixed August 12 for pronouncement.
While directing payment of Rs 25 lakh as interim compensation, the Supreme Court made it clear that the final quantum would be determined subsequently. “The findings recorded by the High Court that the deceased was the sole breadwinner of the family and that he died an unnatural death on account of violence suffered during the period of his custody with the State have not been disputed by the State of Chhattisgarh. Thus, as an interim measure, we direct that compensation to the tune of Rs 25,00,000 shall be paid by the State of Chhattisgarh to the petitioners herein. The final quantum of compensation payable to the petitioners shall be determined while adjudicating the instant petition,” the apex court held.
The Supreme Court’s order comes against the backdrop of the High Court’s reliance on the settled principle that the government can be held liable to compensate the family of a person who dies an unnatural death in custody in violation of the fundamental right to life under Article 21 of the Constitution.
The Chhattisgarh High Court had also referred to the Supreme Court’s observations in D.K. Basu vs. State of West Bengal that custodial violence, including torture and death in lock-ups, strikes at the rule of law and is aggravated by the fact that such violence is committed by persons entrusted with protecting citizens.
–IANS
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