Peoples' Union For Democratic Rights Through Its Secretary And Another v. Police Commissioner, Delhi Police Headquarters And Another

Peoples' Union For Democratic Rights Through Its Secretary And Another v. Police Commissioner, Delhi Police Headquarters And Another

(Supreme Court Of India)

Writ Petition (Criminal) No. 401-402 Of 1988 | 13-01-1989

1. Heard learned counsel for the parties

2. It is an unfortunate case where the police collected poor people and took them to the police station for doing some work. They were asked to work without labour charges. On demand they were beaten and it appears that one of them Ram Swaroop succumbed to the injuries and the body has also been disposed of. Petitioner 2 Patasi, as alleged, was also stripped of her clothes and was thrashed in the police station. The other eight persons namely (1) Dandwa (2) Ram Prasad (3) Jaipal (4) Mahavir (5) Kannu (6) Munsjia (7) Hukka and (8) Pratap were also beaten up rather than they should have been paid for the work they did at the police station

3. We are happy and we record our appreciation that Mr. A. S. Khan, Deputy Commissioner of Police in his Affidavit has frankly accepted the atrocity committed by the Police Officers and it also appears some action has been taken and Station House. Officers has been arrested. The matter is being investigated for criminal prosecution. It is unfortunate that the Police to whom the citizen can approach for protection and help acted in such a manner

4. Under the above circumstances we direct that the family of Ram Swaroop who is dead will be paid Rs. 50, 000 as compensation, which will be invested in some scheme under the Life Insurance Corporation, so that the destitute family may get some amount monthly and the money may also be kept secured. It is also directed that petitioner 2 Patasi who were stripped of her clothes at the Police station, shall be paid Rs. 500 as compensation and the 8 other persons namely (1) Dandwa (2) Ram Prasad (3) Jaipal (4) Mahavir (5) Kannu (6) Munsjia (7) Hukka and (8) Pratap, who were take in the police station without being paid for their work will be paid Rs. 25 each. It is directed that after investigation and inquiry officers who are found guilty, the amount paid as compensation or part thereof may be recovered from these persons out of their salaries after giving them opportunity to show cause

5. This order will not prevent any lawful action for compensation. But in case some compensation is ordered by a competent court, this will be given credit to

6. The writ petitions are disposed of accordingly.

Advocate List
Bench
  • HON'BLE JUSTICE G. L. OZA
  • HON'BLE JUSTICE K. N. SAIKIA
Eq Citations
  • 1990 ACJ 192
  • (1989) 4 SCC 730
  • JT 1989 (SUPPL.) SC 1
  • 1989 (1) SCALE 598
  • LQ/SC/1989/17
Head Note

Police Excesses — Atrocities committed by Police Officers — Compensation to victims — Petitioner and several others were taken to police station for doing some work without labour charges, on demand, they were beaten, one of them succumbed to injuries and his body disposed of, petitioner was stripped of her clothes and beaten — Held, that the family of the deceased shall be paid Rs.50,000 as compensation and petitioner Rs.500, and each of the other 8 persons Rs.25 as compensation — Held, that the amount of compensation may be recovered from the guilty officers after their identification and due process of law after giving them an opportunity to show cause — Writ Petition disposed of accordingly — Direction not to preclude lawful action for compensation, but the amount paid as compensation hereunder to be given credit to.