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Kaushalya And Another v. State Of Punjab And Others
Factual and Procedural Background
The petitioners—the mother and brother of Amrik Singh—invoked Article 32 of the Constitution after Amrik Singh was discovered dead in police lock-up at Police Post Sadhrana on 11 May 1995. While the police recorded the incident as a suicide, the petitioners alleged that the deceased was tortured in custody, leading to his death. Recognising the gravity of the allegations, the Supreme Court, by order dated 21 August 1995, directed the Central Bureau of Investigation (CBI) to conduct an inquiry. The CBI submitted its report on 28 June 1996, finding prima facie that the death resulted from custodial beating rather than suicide.
Legal Issues Presented
- Whether Amrik Singh’s death was a suicide or the result of custodial torture inflicted by the police.
- Whether the State is liable to compensate the victim’s mother for the custodial death.
- Whether criminal prosecution should be initiated against police officers implicated by the CBI inquiry.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court relied on the CBI’s investigative findings, which indicated that Amrik Singh’s death resulted from physical assault while in police custody, contradicting the police version of suicide. On the strength of this prima facie evidence, the Court:
- Directed the CBI to prosecute all individuals against whom a prima facie case was established in the inquiry report.
- Permitted the concerned CBI officer to request the Government of Punjab to take appropriate disciplinary or other action against the officers named in the report.
- Determined that custodial violence leading to death warranted constitutional compensation, thereby invoking its jurisdiction under Article 32 to award monetary relief to the victim’s mother.
Holding and Implications
DISPOSED OF. The Supreme Court ordered the State to pay ₹2,00,000 to Petitioner 1 (the mother) within one month as compensation for the custodial death and directed the CBI to initiate prosecution against the implicated officers. The CBI report is to remain sealed.
Implications: The decision provides immediate relief to the victim’s family and mandates criminal accountability for custodial violence. While it establishes no new doctrinal precedent, it reinforces the Court’s willingness to grant compensation and order prosecution in custodial death cases under its Article 32 jurisdiction.
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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