1. This writ petition under Article 32 of the Constitution of India has been filed by the mother and brother of one Amrik Singh who had been arrested by the police and was found dead in police lock-up at Police Post Sadhrana on the morning of 11-5-1995. The said death was shown as a case of suicide. The case of the petitioners is that deceased Amrik Singh had actually been tortured by the police while he was in custody and his death was as a result of the injuries inflicted on him while he was in police custody. In view of the seriousness of the allegations that have been made by the petitioners, this Court by order dated 21-8-1995 directed the Central Bureau of Investigation (for short “the CBI”) to cause an enquiry to be made in the circumstances relating to the death of Amrik Singh in police lock-up. In pursuance of the said directions, CBI has conducted an enquiry and a report has been submitted by Shri Kewal Singh, SP, CBI on 28-6-1996. We have perused the said report. It shows that prima facie, on the basis of the material collected by CBI, the death of Amrik Singh was not due to suicide but was on account of beating while he was in police custody. It is, therefore, directed that CBI will proceed with the prosecution of the persons against whom a prima facie case has been found during the enquiry. The officer concerned in CBI may also move the Government of Punjab for taking suitable action against the officers referred to in the said report.
2. Having regard to the facts and circumstances of the case, we are satisfied that this is a fit case in which Petitioner 1, the mother of deceased Amrik Singh should be suitably compensated for the death of Amrik Singh while in police custody. We, therefore, direct the respondent State to pay a sum of Rs 2 lakhs to Petitioner 1, Smt Kaushalya by way of such compensation. The said amount shall be paid within one month. The report of CBI may be kept in a sealed cover. The writ petitions are disposed of accordingly.
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