Mr. S. Serto, J. - This is a writ petition filed by the petitioner under Article 226 of the Constitution of India praying for;

(1) Issuance of a writ in the nature of mandamus or order or direction directing the respondents to register a criminal case against the respondents No. 4 & 5 and their subordinates of the Wangoi Police Station for having allegedly caused the death of her son, namely Digbijoy Singh by beating and torture while he was in their custody,

(2) Issuance of a writ of the same nature or order or direction directing the respondents No. 1 & 2 to set up a Special Investigation Team, comprising of honest and competent police officers to be headed by an Officer not below the rank of Senior Superintendent of Police to investigate into the case, and also to issue a direction to let the Special Investigation Team to submit report periodically to this High Court for making sure that the investigation is carried out properly and effectively, and for

(3) Issuance of a writ of the same nature or order or direction to the respondents to pay compensation to her to the tune of Rs. 15 (fifteen) lakhs or at such rate as this High Court may deem just and equitable as per law for having allegedly caused the death of her son.

Facts of the case in brief are as follows:

2. Following a written complaint dated 23.02.2014 submitted to the Officer-in-Charge of Wangoi Police Station by one, Huirem Inaocha Singh of Hiyangthang Maning Leikai, which stated that his younger sister, (who shall thereafter be referred to as prosecutrix) is suspected to have eloped on 22.02.2014 at about 05:00 p.m. from the gate of their residence with Thoudam Digbijoy Singh @ Bijoy Singh (who shall hereafter be referred to as the deceased accused), a resident of Wangoi Makha Leikai, who already has a wife and children by deceiving her was picked up from his house along with the girl, prosecutrix by a team of Wangoi Police Station, led by one Sub-Inspector of Police, namely, Ibochouba Singh on 23.02.2014 at about 02:30 p.m. and kept them at Wangoi Police Station throughout the day and night of that day. On the following day, i.e. on 24.02.2014, deceased accused was shown as arrested by police personnel in connection with F.I.R. Case No. 18(2)2014 of Wangoi Police Station under Section 366, 368 and 376 of IPC. Thereafter, on 25.02.2014, late Digbijoy Singh was produced before the Judicial Magistrate First Class, Imphal, who remanded him to police custody for a period of 5 (five) days.

3. On 26.02.2014, at around 08:00 a.m., one constable No. 0901145, namely Shri Th. Netrajit, who was on duty found the accused Digbijoy Singh hanging in the toilet of the lockup. On being informed, L. Sanatomba, who was the guard commander that day submitted a report to the Officer-in-Charge of Wangoi Police Station at about 08:05 a.m. Accordingly, a case being U.D. Case No. 2WGI P.S./2014 dated 26.02.2014 was registered and investigation was taken up under Section 174 Cr.P.C.

4. On the information given by the Officer-in-Charge of the Police Station, a team of Forensic Medicine led by Dr. Supriya Keisham of Regional Institute of Medical Sciences (RIMS) arrived at the Police Station. At the same time, a team of scientific mobile unit, FSL-Pangei led by L. Bilasini Chanu (Demonstrator) along with R.K. Pratapsana, Assistant Photographer also came to the Police Station. In their presence one, Shri M. Pouralung Kabui, Executive Magistrate, Imphal West, conducted the inquest on the dead body. The team of doctors from RIMS and officers from FSL-Pangei inspected the scene of the incident. After 5 (five) days i.e. on 01.03.2014, Post Mortem was conducted over the dead body by Dr. Supriya Keisham. The inquest report of the Executive Magistrate and the Post Mortem report and crime scene report of the scientific officer are given respectively here below :

"Date and time : 26/02/2014 3:35 pm

Ref. : U.D. Case No. 2/WGI-PS/2014 u/s 17

I, M. Pourallung Kabui, Executive Magistrate, Imphal West have conducted Inquest over the dead body of (L) Thoudam Digbijoy @ Bijoy Singh (31) S/o Th. Kumar Singh of Wangoi Makha Leikai as identified by Thoudam Jarma Singh (61) S/o (L) Th. Angou Singh of Wangoi Makha Leikai.

Position of the dead body : The dead body is found hanging at the toilet DOOR that is attached inside the WGI-PS Lock-up. Head of the deceased found slightly down, hands found slightly straight, legs found straight and toes downwards. Eyes slightly opened, mouth partly opened. Nostril discharge is found and discharge of saliva found from his shirt (T-shirt) green in colour). The length of floor to toe is found 12 cm and length from door to head is found 17 cm and door to solider is 65 cm.

Wearing of apparent are as follows : The dead body found wearing green T-shirt with round neck (half), grey check trouser, grey banyan and one under garment grey in colour with red boundary marked as "Microman". No injury mark is found over the dead body. And it is highly required to conduct P.M. examination as to enable to know the cause of death.

Witnesses :

1. Wangkheimayum Jitendra Singh S/o W. Ibochouba Singh Wangoi Wahengbam Leikai

2. Th. Ibochouba Singh

Inquest conducted by

Sd/-"

"Annexure R/1

Post Mortem Report

Ref. P.M. No. 37/14......FIR/U.D. Cases No. 2/WGI-PS/2014

Police Station: Wangoi

District: Imphal West

1. Details of the Deceased:

(a) Name : Thoudam Digbijoy @ Bijoy Singh S/o Thoudam Nabakumar Singh

(b) Age : 31 yrs

(c) Sex : Male

(d) Caste : Meitei

(e) Address : Wangoi Makha Leikai

(f) Date & Time of receipt of dead body and papers : 1/3/2014 at 12:30 p.m.

(g) Date and Time of P.M. Examination : 1/3/2014 at 12:40 p.m.

(h) Place of Examination : RIMS Mortuary P.M. Dept.

(i) Brought and Identified by :

(i) Police : Shinghajeet 01/03/2014

SDPO IW

(ii)Relative :Thoudam Nabakumar Singh

(Father of the Deceased)

2. Relevant Information as Furnished by Police:

On 26/02/2014 at @ 8:00 a.m., he was found hanging using his own shirt inside the lockup of Wangoi Police Station.

3. External Appearance/examination:

(a) Stature : 56"

(b) Weight : 65 Kg

(c) Physique : ..

(d) Nutrition

(e) Posture: Normal

(f) Identification marks : Identified body

(g) Wearing apparels : Green half sleeved round neck T-Shirt with saliva stains in the lower part (as observed on 26/2/14 at crime scene); Grey vest, Brown long pant, Black underwear with red elastic band.

(h) Postmortem changes and other appearances of body (crime scene examination on 26/2/14 Saliva right angle of mouth, eyes and face congested, nasal discharge of seminal discharge present) eyes(sic) body bloated up, eyes and tongue protruded, ..(sic) present, ..(sic) are peeling off of skin at various places, Scrotum & Penis swollen (sic) eggs of . (sic) present .. .(sic) Red, white and black checked half-sleeved .(sic) shirt with a loop length of 49 cm breadth 45 cm width 1 fixed knot

(i) External Injuries : Ligature mark around the neck, high up, measuring 36 x .(sic) running obliquely towards left moustache region, 6 cm below right earlobe and 3 cm below left earlobe; 5 cm below chin, with a gap of 13 cm on back of head; with areas of eachymosea along the (sic).

4. Internal Appearance:

A. Head, Neck and Spinal Column :

(a) Scalp : Intact

(b) Skull : Intact

(c) Meninges and Vessels :Intact

(d) Brain : Pulpy

(e) Vertebrae and Spinal Cord : Intact

(f) Orbital, Aural and Nasal Cavities : Intact

(g) Mouth, Tongue, Pharynx, Larynx and other neck structures : mucosa of Larynx congested ..(sic) thyroid cartilage & carotid Arteries intact

B. Thorax :

(a) Walls, Ribs and Cartilage : Intact

(b) Oesophagus : Intact

(c) Trachae and Bronchi : Congested

(d) Pleurae and Cavities : Intake

(e) Right Lung : Softened & Congested

(f) Left Lung : Softened & Congested

(g) Pericardium and Heart : Congested

(h) Diaphragm : Congested

(i) Any other : Nil

C. Abdomen :

(a) Wall : Intact

(b) Peritoneum and its Cavity: Intact

(c) Stomach and its contents : Empty

(d) Small Intestine and its contents : Congested, foul smelling

(e) Large Intestine and its contents : Congested, foul smelling

(f) Liver and Gall Bladder : Softened & congested

(g) Pancreas : Softened & congested

(h) Spleen : Softened & congested

(i) Right Kidney and Ureter : Softened & congested

(j) Left Kidney and Ureter : Softened & congested

(k) Urinary Bladder and Urethra : Softened

(l) Organs of Generation : Softened

(m) Any other : .

D. Muscles, Bones and Joints : As described above

5. Spicemens/items Preserved and Handed Over to Investigating Officer:

(a) Stomach and its contents (ticked)

(b) Small intestine and its contents (about 30 cm) (ticked)

(c) Sample of liver (about 500 gms) (ticked)

(d) Spleen

(e) Kidneys (half of each) (ticked)

(f) Sample of blood (about 100 cc) (ticked)

(g) Sample of urine (about 100 cc)

(h) Sample of hair (ticked)

(i) Sample of blood on a piece of cloth(ticked)

(j) Preservative used : Saturated solution of common salt/Rectified spirit/Formalin

(k) Dead Body of Thoudam Digbijoy Singh @ Bijoy Singh (31) received after the.(ticked)

(l) Any other

Signature of Receiving Officer

Rank and Name. W. Singhajeet

Singh MPS

Police Station : SDPO, IW

Date & Time 01/03/2014 at 1:45 p.m.

6. Spicemens Sent For Histopathology:

Heart Lungs Liver Spleen Kidneys Brain Stomach

Intestine Uterus Ovaries

Any Other........

7. Opinion of The Medical Officer as to The Cause of Death: (with indication of homicidal, suicidal, type of weapon etc)

The death was due to asphyxia resulting from hanging

Suicidal in nature

(a) Time since death : 3-4 days

(b) Whether injuries were antemortem or postmortem : Antemortem

(c) Age of injuries (time between infliction and death) : Fresh at the time of death

Place: Imphal

Signature :of MO Sd/-

Date : 1/3/14

Designation

Office Seal:

8. Remarks by The Head of Department/office

Place: Imphal

Signature of M.O. Sd/-

Date :1/3/14

Designation :

Office Seal:

Subsequent Opinion (If Any)"

The report of the Scientific Officer Mobile Forensic Unit visited the crime scene as given here below :

Government of Manipur

Forensic Science Laboratory

Manipur, Pangei 795114

(Mobile Forensic Unit)

Crime Scene Report

Expert Team :

1.

L. Biashini Chanu

Scientific Officer (MFU)

2.

RK. Pratapsana Singh

Scientific Assistant (Photography)

3.

K. Sanatomba Singh

Driver

4.

H. Rigan Meetei

Attached staff

5.

S. Jenita Devi

Attached Staff

Report No. 17(07)2014/FSL(MFU)/Hng

Date 10/07/2014

CSI No. 13(2)2014/FSL-Man/CSI

Date 26/02/2014

1.

Requisition by

: O/C followed by letter of IO of the case

2.

Mode of requisition

: Telephone by O/C followed by letter by IO of the case.

3.

Memo No. with date

: Nil dated 26.02.2014

4.

Case reference No.

: UD Case No. 2/WGI-PS/2014

5.

U/S

: 174 CrPC

6.

Police Station

: Wangoi Police Station, Wangoi

7.

District

: Imphal West

8.

Place of Occurrence

: Wangoi police station

9.

Date & time of arrival

: 26.02.2014 at 10.30 AM

10.

Date & time of departure

: 26.02.2014 at 3.30 PM

11.

Nature of case

: Hanging

12.

Weather

: Sunny.

13.

Temperature

: 23oC

14.

Description & observation

Brief history : As mentioned in the requisition letter, one accused person namely Thoudam Digbijoy Singh @ Bijoy Singh s/o Th. Nabakumar Singh of Wangoi Makha Leikai who was under police custody in c/w FIR No. 18(2)2014 WGI-PS was found dead inside the lock-ups toilet hanging by his own shirt seemed to be suicidal.

Crime scene was in the male Lock up room of the Wangoi Police Station, Wangoi, Main Building of the Police Station was double storied (including ground floor) RCC building. This building has two blocks i.e. southern and the northern separated by the entrance. Both the southern and the northern blocks were separated by corridors as eastern and western rows of rooms. Southern corridor has a wooden door through which the lock up could be entered. There was a collapsible door at the southern end of the southern corridor. Lock Ups of the Police Station lies in the ground floor of western row of southern block of the building. There were two Lock up rooms adjacent to each other. Female lock up was in the western and southern and end of the building. The male lock up was a big room with an attached toilet in the south western corner of the room and opposite to the door.

Door of the room was of iron rods grill. Door of the toilet was wooden. There was a mattress with blankets in the north eastern corner of the room. The door of the lock up was said to be locked from outside at the time of incidence.

Observation :

1. A male dead body was found hanging from the open door of the toilet of the locked lock up room.

2. Body was facing east.

3. Neck slightly tilted towards front left.

4. Ligature used was gents shirt red in colour with white, grey and light yellow stripes.

5. Types of knots were fixed.

6. Knots the loops were found on left side of the neck

7. Length of the body (appx) = 168 cm.

8. Hair was short.

9. Mouth slightly open.

10. Eyes slightly open.

11. Dirty white colour dried nasal secretion was found present in the form of thread/string hanging from the nose.

12. Saliva like dripping stains was found present on the shirt. Salivary secretion was found in the mouth also.

13. Slight bluish discolourations were observed in both the upper and lower lips.

14. Injury like crack marks were observed in both lips (to be confirmed by Autopsy).

15. Patches of reddish and bluish discolouration were observed in most parts of the body like lower and upper limbs, buttocks, abdomen etc.

16. A bruise like mark was seen in the left leg below knee. (Confirmed by autopsy).

17. Feet were not touching the floor in its hanging position.

18. Feet were soiled with dust.

19. Urine like discharge was found present in the clothing.

Apparels and belongings :

(a) One white bordered round neck green color T-shirt.

(b) One white color vest.

(c) One dark grey color trouser with black stripes.

(d) One red colour bordered dark grey under pant with print as "MACROMAN".

(e) One broken match box and two small pieces of bidi were found in the right front pocket of the trouser.

15. Details of measurement :

Measurement :

(1) Height of the lock up door = 207 cm

(2) Width of the lock up door = 93 cm

(3) Length of the room = 734 cm

(4) Width of the room =450 cm

(5) Height of the ceiling = 324 cm

(6) Length of the toilet room = 198 cm

(7) Width of the toilet room = 120 cm

(8) Height of the toilet door = 203cm

(9) Width of the toilet door = 76 cm

(10) Wide of opening space of the toilet door = 80 cm

Distance of :

(11) Floor to feet of the deceased = 12 cm

(12) Head to toilet ceiling = 139 cm

(13) Upper edge of door to head = 17 cm

(14) Lock up door to toilet door = 223 cm

(15) Arm to southern wall = 38 cm

(16) Shoulder to southern wall = 40 cm

(17) Shoulder to door frame = 65 cm

(18) Lock up door to wooden grill door in the corridor = 265 cm

(19) Toilet door to sentry post in the entrance of the main building = 12.90 m

16. Clue material(s) & location (s) :

Sl.No.

Clue material(s)

Location(s)

Suggestion

1.

Body along with ligature (shirt)

Toilet of the lock up room

To be sent for autopsy for examination of ligature and its mark.

17. Opinion :

No visible fatal external injury could be observed in the body. Time lapses since death could be around 6 (six) hours. Type of hanging was total hanging and suicidal in nature.

18. Remarks :

The collapsible gate at the southern end of building adjacent to female lock up was found junked. Sign of recent use of the gate could not be observed.

Sd/-

(L. Bilashini Chanu)

Scientific Officer

Mobile Forensic Unit"

5. Thereafter, the Judicial Magistrate First Class, Imphal conducted an inquiry under Section 174(I-A) of Cr.P.C. as directed by the Chief Judicial Magistrate, Imphal West. The report is lengthy, therefore, the relevant portion would be discussed as and when relevant. However, his opinion after the inquiry was conducted which is a part of his inquiry report is given here below :

"My Opinion on The Facts, Circmstances and Nature of Custodial Death of Shri Thoudam Digbijoy :

91. Based on the statements of the witnesses and the documentary materials on record, the facts and circumstances and nature of death of Shri Thoudam Digbijoy @ Bijoy Singh in the custody of Wangoi Police is as follows :

92. Acting on a written report filed by one Huirem Inoacha Singh on 23.02.2014 that his younger sister namely, H. Bilashini Devi was eloped by one Thoudam Digbijoy Singh @ Bijoy Singh s/o. Th. Nabakumar Singh of Wangoi Makha Leikai who is a married person with children, the police personnel of Wangoi Police Station led by Sub-Inspector Th. Ibochouba Singh went to the residence of Shri Thoudam Digbijoy Singh @ Bijoy at Wangoi Makha Leikai for verification and for ascertainment of the facts alleged in the written report. Due to some tense atmosphere created by the presence of womenfolk from the girls side, both Thoudam Digbijoy and Huirem Bilashini Devi were taken to Wangoi Police Station for enquiry, verification and for their protection. They were questioned and put separately for the night at Wangoi Police Station. In the night of 23.02.2014 at around 9.15 pm, the police personnel of Wangoi P.S. took Shri Thoudam Digbijoy Singh to Community Health Centrre, Wangoi for medical check-up and treatment.

One Dr. Sinam Prasanta who was on duty as Emergency Night Duty at CHC, Wangoi attended to Shri Thoudam Digbijoy. No medical abornomalities nor any external injuries were reported or detected by the said Doctor as per his skill level. The accused Thoudam Digbijoy complained of bodily pains due to beating but did not disclose as to who gave him the beatings. So, Dr. Sinam Prasanta prescribed some medicines for him and handed over the medical treatment papers to one ASI of Wangoi P.S. At the time of his medical check-up, the police personnel were outside the room where the accused was examined.

93. Upon further questioning on the next day, it was learnt that Thoudam Digbioy had forcibly eloped the girl by posing himself as a bachelor. Based on another report by the elder brother of the girl on 24.02.2014, Shri Thoudam Digbijoy was arrested from the Police Station premises itself in connection with FIR No. 18(2)2014 WGI P.S. u/s 366/368 IPC. After further investigation, Section 376 IPC was added to the alleged offence against the accused. The girl was taken back by her brother and other relatives. The accused was kept in the lockup of Wangoi P.S. on 24.02.2014 after his arrest.

94. On 25.02.2014, the accused was brought to the Court of JMFC/Imphal and was remanded to 5 (five) days police custody i.e. w.e.f. 25.02.2014 till 01.03.2014. Despite repeated oral reminders sent to the family of Th. Digbijoy on 25.02.2014, none of his family members came to the police station. On the next day i.e. on 26.02.2014 at around 8.00 am, when Constable Th. Netrajit came for sentry duty and inspected the lock up with VDF Jayenta, they found that the accused had hanged himself with his shirt in the toilet door attached to the lock up room of Wangoi Police Station.

95. The nature of death of Shri Digbijoy Singh in the lockup of Wangoi PS is one of circumstantial nature. None of the witnesses who gave their statement witnessed the incident. The only person who last saw Thoudam Digibijoy Sigh alive was Constable Ch. Ingoba Singh when at about 6.30 am, he took Thoudam Digbijoy Singh for his nature calls and cleaning and thereafter lead him to the lock up at about 6.50 am. He also stated that during his sentry duty timing from 06.00 am to 08.00 am of 26.02.2014, he did not hear any unusual sounds which could create a suspicion.

96. Further, the police personnel who manned the rear sentry and checked the accused in the lock up stated that Digbijoy did not report any medical problems/issues while in the police custody. No materials could also be seen from the statements and documentary records, to sustain a possible doubt that Digbijoy Singh was beaten to death by police personnel and hung to look as if he committed suicide. The post mortem report clearly opined that death of Shri Digbijoy Singh was due to Asphyxia resulting from full hanging and suicidal in nature. The post mortem report also stated that the injuries found on the body of Shri Thoudam Digbijoy Singh were ante-mortem and fresh at the time of death. Dr. Supriya, the forensic doctor and police surgeon, RIMS who made a preliminary enquiry on 26.02.2014 at about 2.00 pm, also gave her opinion that based on the preliminary observations, the time of death was approximately above 6 hours but below 12 hours at the time of examination of the body at the crime scene. There is nothing on record to doubt the report of the Post Mortem Examination the findings are corroborated by the oral statement of Dr. Supriya Keisham who conducted post mortem examination. Further, based on the observations made at the crime scene by the team of Mobile Forensic Unit, Forensic Science Laboratory, Pangei, its Scientific Officer gave her opinion that death of Shri Thoudam Digbijoy Singh was suicidal in nature.

97. On the other hand, there is no material on record either by way of statement/documents or findings of experts which could reasonably point out that accused was beaten to death and later on hanged to look as if the accused had committed suicide.

98. Situated thus, I am inclined to view that the death of Shri Thoudam Digbijoy Singh @ Bijoy in the custody of Wangoi Police Station on 26.02.2014 was due to Asphyxia resulting from hanging and suicidal in nature.

99. However, I would like to point out certain observations from the statement of the witnesses and from the spot visit made at the Wangoi Police Station which needs rectification as early as possible to prevent recurrence of such custodial deaths in the future. They are as follows :

(i) There is basic lack of amenities like fresh water, proper lighting, ventilation and proper bedding for the accused persons in the lock up of Wangoi Police Station. From the spot visit made, I found out that the lock up room was very filthy and dusty. A mattress filled with straw serves as the sole sitting place cum sleeping place for the accused persons.

(ii) The lock up room for males is located away from where the police personnel either on sentry or otherwise could see the accused persons lodged therein. Or otherwise, a police person should be kept in front/near the lock up door round the clock whenever accused persons are lodged.

This is necessary so as to raise an alarm as soon as possible if any problem or unusual thing happens. In the case of Digbijoy, there seems to be no guard in front of the lock up or near it who could see and report if anything happens inside the lock up. This is one of the lapse of the police administration which resulted in the custodial death of Shri Digbijoy Singh at Wangoi Police Station.

(iii) Further, whenever accused persons are taken for routine medical check-up, they should also be given psychological check up with a registered psychologist so that if any abnormal or suicidal tendency is observed, appropriate security and safety measures could be taken at the earliest.

Laid for favour of your perusal and necessary action.

Yours faithfully,

Sd/-

Judicial Magistrate First Class, Imphal.

Dated, Imphal, the 12th November, 2014."

6. The petitioner who is the mother of the deceased accused not being satisfied with the conclusion drawn that her son committed suicide at the Police Station has come to this Court with the prayer mentioned above and submitted through the learned counsel as follows :

That, her son (Late) Digbijoy @ Bijoy Singh aged about 37 years old was married and had two children; one girl and one boy aged about 16 and 13 years old respectively. During his lifetime, he was a self-employed person managing poultry firm and at the same time, working as a master mason thereby, earning about a sum of Rs. 25,000/- (Rupees twenty five thousand) per month. He was the only bread earning member of the family.

That, her son, Digbijoy was picked up on 23.02.2014 at about 2.30 pm by a team of police personnel of Wangoi Police Station led by one, namely Th. Ibochouba Singh, S.I. of Wangoi P.S. from her house stating that he needs to be interrogated in connection with his elopement with a girl (prosecutrix) aged about 31 years from Hiyangthang Maning Leikai, Imphal West District but without giving arrest memo. While her son was in custody of Wangoi Police Station, he was beaten and tortured under the command of the respondents No. 4 and 5 and due to the same, health condition of the deceased accused deteriorated, therefore, he was taken to Community Health Centre (CHC), Wangoi for necessary medical treatment. At the said health centre her son, the deceased accused was attended by a doctor namely, Dr. Prasanta Singh who was on duty at the time.

That, after detaining her son for more than 2 (two) days, he was produced before the Judicial Magistrate First Class, Imphal on 25.02.2014 in connection with the FIR Case No. 18(2)2014 Wangoi P.S.U/S 366/368 IPC which was registered in connection with his elopement. The Judicial Magistrate remanded her son till 01.03.2014 to the Police custody. In the morning of 26.02.2014 at about 8.00 a.m. 2 (two) police personnel in civil dress came to her house and informed her and her husband that their son (deceased accused) had committed suicide by hanging inside the police lock up. As per the instruction, they went to the Police Station and found the lifeless body of their son hanging on the door of the toilet attached to the lock up.

That, on 01.03.2014 when post mortem was conducted over the dead body of her son in presence of her relatives, it was ascertained that her son died due to the torture meted out by the personnel of Wangoi Police Station on him while he was in custody. Several clear symptoms or signs of torture marks and bruises over the dead body were visible.

7. That, on 25.02.2014 at about 9.15 a.m. one police constable namely, Huidrom Sakhensana Singh had a conversation with her younger son (younger to the deceased accused) namely, Th. Seityajit Singh that her son (late) Digbijoy Singh was beaten in the police station severely by the respondents No. 4 and 5, therefore, they should arrange a sum of Rs. 10,000/- (Rupees ten thousand) only for securing his safe release. In the evening at about 3.30 p.m. of the same day the said constable came to the house of the deceased accused and obtained signature of the younger brother mentioned above and stated that her son (deceased accused) was going to be taken to jail.

The petitioner also alleged that her son was found hanging on the edge of the door of the latrine of the lockup with his shirt made as a noose around his neck. The shirt, which was found worn by the deceased at the time of his death, was not what he had worn at the time of his arrest. And the shirt which was used for making the noose around his neck was actually worn by him at the time of his arrest.

8. That, the petitioner not satisfied with the way her son was tortured to death submitted a written complaint to the respondent No. 2 i.e. the Director General of Police, Manipur requesting for registration of criminal case against the respondents No. 4 and 5 and their subordinates for that illegal arrest, torture and subsequent killing of her son and constitution of a special investigation team comprising of honest and competent police officers not below the rank of senior Superintendent of Police. The petitioner annexed the written complaint at Annexure A/4 to the writ petition and the same is given as follows :

"Annexure-A/4

To,

The Director General of Police, Manipur, Manipur Police Department, Government of Manipur

Subject:- Request for initiating punitive action against Shri Y. Munal Singh, Officer-in-Charge, Wangoi Police Station and his subordinate police personnel, who were involved in illegal arrest, torture and subsequent killing of my son namely Thoudam Digbijoy Singh, aged about 37 years of Wangoi Makha Leikai, Imphal West District, Manipur.

Sir,

I have the honour to state the following few lines before you for your kind consideration and taking prompt necessary action at the earliest.

1. That on 23rd February 2014 at around 3 p.m. a team of police personnel of Wangoi Police Station headed by one Sub-Inspector of Police namely Ibochouba Singh came to my house and arrested my son namely Thoudam Digbijoy Singh by saying that he was required in a criminal case. At the time of his arrest no arrest memo was prepared and issued to any of my family members by the said police officer in spite of insisting for the same.

2. That after detaining my said son in the police custody wrongfully for more than two days, my said son was produced before the learned Judicial Magistrate First Class, Imphal on 25th February 2014 in connection with FIR No. 18(2)2014 Wangoi P.S. U/S 366/368 IPC. Thereafter, my said son was further remanded into police custody by the learned judicial magistrate.

3. That on 26th February 2014 at around 8 a.m. two police personnel in civil dress came to my house and informed me that my said son had committed suicide by hanging inside the police lockup. The said two police personnel had further disclosed that my said son had brushed his teeth in the morning and thereafter he had committed suicide. Subsequently, I was instructed to visit the said police station at the earliest for performing certain official formalities to claim the dead body of my said son.

4. That after getting the said information I along with my family members and relatives visited the Wangoi Police Station. When I reached the said police station I found a large gathering there including high ranking police officers, reporters, forensic experts, executive magistrate etc. When I entered inside the police station, where the police lockup is situated, I found hanging of lifeless body of my said son on the door of the latrine attached to the said lockup.

5. That on 2nd March 2014 a postmortem examination was conducted over the dead body of my said son Thoudam Digbijoy Singh at the mortuary of Forensic Medicine Department, Regional Institute of Medical Sciences, Lamphelpat in my presence. During the said post mortem examination, it was ascertain that my son was tortured by the police personnel of Wangoi Police Station while he was in their custody inasmuch as there were several glaring symptoms of beating all over his body. Further no symptom and sign of hanging was found during the postmortem examination.

6. That on 25th February 2014 at around 9.30 p.m. my said son was brought at the Primary Health Centre, Wangoi by the police personnel of Wangoi Police Station. However, the said police personnel had taken back my said son in a very hasty manner.

Thus, I am of the considered opinion that my son was beaten to death by the police personnel of Wangoi Police Station and thereafter in order to wash their hands off their heinous crime; they had staged and choreographed a drama of suicide of my said son by hanging.

It is, therefore, requested you kindly (i) to issue an appropriate direction for registration of a Criminal Case by naming Shri Y. Munal Singh, Officer-in-Charge, Wangoi Police Station and his subordinate police personnel, who were involved in illegal arrest, torture and subsequent killing of my son namely Thoudam Digbijoy Singh as accused persons; (ii) to constitute a Special Investigation Team (SIT) comprising of honest and competent police officers not below the rank of Superintendent of Police for causing Investigation into the incident and submit charge sheet within a specific period of time; (iii) to apprise me the action taken report in this regard within a reasonable period of time.

Imphal/Dated

The 5th March 2014

Yours Sincerely,

(Thoudam Nabakumar Singh)

aged about 54 years,

S/o late Th. Rajmani Singh,

Wangoi Makha Leikai,

P.O. & P.S. Wangoi,

Imphal West District, Manipur."

9. That, people of the locality were not satisfied with the way her son died in the police custody, therefore, a Joint Action Committee (JAC) was formed and on 28.02.2014 the JAC submitted a memorandum each to both the Honble Chief Minister and Honble Home Minister of the State praying for

1. Proper effective Judicial enquiry within March 2nd week of 2014.

2. To dismiss the incompetent Officer-in-charge, the I.O. and other police personnel from their services and

3. An ex-gratia of Rs. 10,00,000/- (ten lacs) only to compensate the deceased and to give a means of livelihood to the rest of the family members.

The same are given as follows :

"Annexure-A/5

Office of The J.A.C. Against The Police

Custodial Death

of Shri. Thoudam Digbijoy Singh

Wangoi Imphal West, Manipur-795009

Ref. No. 002/JAC-APCD/2014

Date 28th Feb. 2014

To,

The Chief Minister, Govt. of Manipur

Subject:- Humble submission of a memorandum in respect of Thoudam Digbijoy Singhs custodial death in the lock up of Wangoi Police Station.

Honble Sir,

I, on behalf of the people of Wangoi and its surrounding and the bereave family of Thoudam Digbijoy Singh of Wangoi Makha Leikai have the honour to submit the following memorandum of demand for your timely consideration and favourable actions that Thoudam Digbijoy Singh was arrested by Wangoi Police Station on Sunday, the 23rd February, 2014 at about 2.30 p.m. on the charge of eloping a girl named Huirem Luxmi Devi, D/o Smt. Thoibi Devi of Hiyangthang Maning Leikai but without giving arrest memo. And he was reported dead by suicide today i.e. the 26th February, 2014 at about 8 a.m. in the custody of the O.C. in charge at the lock-up room.

That, the death of Shri Thoudam Digbijoy Singh is doubtful of committing a suicide.

That, Late Shri Thoudam Digbijoy Singh is the only bread earner in his family. He left his wife and three children.

In this regard, we lay the following demands before you to be taken up immediately.

1. Proper effective Judicial enquiry within March 2nd week of 2014.

2. To dismiss the incompetent Officer-in-charge, the I.O. and other police personnel from their services.

3. An ex-gratia of Rs. 10,00,000/- (ten lacs) only to compensate the deceased and to give a means of livelihood to the rest of the family members.

If these demands of the J.A.C. are not fulfilled within 2 (two) days, the JAC along with other Associations will take up several agitative movements with the people.

With regard

Yours faithfully,

Sd/-

(Th. Premjit Singh)

Convenor, J.A.C."

"Office of The J.A.C. Against The Police Custodial Death

of Shri. Thoudam Digbijoy Singh

Wangoi Imphal West, Manipur-795009

Ref. No. 01/JAC-APCD/2014

Date 28th Feb. 2014

To,

The Honble Home Minister, Govt. of Manipur

Subject:- Humble submission of a memorandum in respect of Thoudam Digbijoy Singhs custodial death in the lock up of Wangoi Police Station.

Honble Sir,

I, on behalf of the people of Wangoi and is surrounding and the bereave of family of Thoudam Digbijoy Singh of Wangoi Makha Leikai have the honour to submit the following memorandum of demand for your timely consideration and favourable actions that Thoudam Digbijoy Singh was arrested by Wangoi Police Station on Sunday, the 23rd February, 2014 at about 2.30 p.m. on the charge of eloping a girl named Huirem Luxmi Devi, D/o Smt. Thoibi Devi of Hiyangthang Maning Leikai but without giving arrest memo. And he was reported dead by suicide today i.e. the 26th February, 2014 at about 8 a.m. in the custody of the O.C. in charge at the lock-up room.

That, the death of Shri Thoudam Digbijoy Singh is doubtful of committing a suicide.

That, Late Shri Thoudam Digbijoy Singh is the only bread earner in his family. He left his wife and three children.

In this regard, we lay the following demands before you to be taken up immediately.

1. Proper effective Judicial enquiry within March 2nd week of 2014.

2. To dismiss the incompetent Officer-in-charge, the I.O. and other police personnel from their services.

3. An ex-gratia of Rs. 10,00,000/- (ten lacs) only to compensate the deceased and to give a means of livelihood to the rest of the family members.

4. To offer a suitable job to the nearest kith and kin of the deceased. If these demands of the J.A.C. are not fulfilled within 2 (two) days, the JAC along with other Associations will take up several agitative movements with the people.

With regard

Sd/-

Convenor"

10. That, in response to the memorandum submitted, a departmental proceeding against the two police personnel namely, Head Constable, L. Sanatomba Singh and Constable, Ch. Ingoba Singh was initiated and the two police personnel were suspended to facilitate the enquiry. At the same time, the respondent No. 4 was transferred to CID (SB) of Manipur. However, no effective action was taken, therefore, an application was submitted on 27.03.2014 to the learned Judicial Magistrate First Class, Imphal praying for conducting an inquiry into the death of her son (deceased accused). The learned Judicial Magistrate disposed the petition on 03.04.2014 stating that since the said inquiry has been under consideration, the petitioners petition has become redundant. On 12.04.2014 the learned Judicial Magistrate First Class visited the Wangoi Police Station as a part of his inquiry and thereafter, he recorded statement of 1 (one) Police Constable namely, Netrajit Singh who was assigned duty of the lock up sentry from 8.00 a.m. of 26.04.2014 and thereafter, on 21.04.2014 the statement of her husband was recorded by the learned Judicial Magistrate. However, the petitioner and her counsel were barred from witnessing the inquiry proceeding and taking notes of the noting made by the Judicial Magistrate.

11. That, the respondents No. 4 & 5 did not inform the Judicial Magistrate immediately to conduct mandatory enquiry as per provision of Section 176 of Cr. P.C. 1973. It is true that Judicial Magistrate did hold enquiry but he could not hold the enquiry promptly on account of delayed information. If he would have held the enquiry promptly he could have found the case otherwise.

12. That, in spite of the representation made, respondent No. 2 has not initiated any tangible action on the arrest and death of her son due to torture of the police till today, therefore, this High Court is called upon to protect the fundamental rights of a citizen by issuing an appropriate direction to have the case investigated by CBI or by SIT (Special Investigation Team) headed by a competent officer, not less than the rank of Senior Superintendent of Police, so that the guilty police personnel are punished for their crime. Besides, the State should be directed to pay compensation to the Family members of the victim (deceased accused) for the violation of right of the victim guaranteed under Article 21 of the Constitution of India by the police personnel.

13. That, the respondents ought to be held responsible for the death of her son in the custody of the police which is in violation of Article 21 of the Constitution of India, therefore, adequate compensation should be paid by them.

14. That, the torture of the citizen by personnel in uniform has increased in recent times because of the non-initiation of action against such complaints by respondent No. 2 which has not only encouraged but also reinforced the belief of the police personnel in the lower rank that no harm would come to them if they torture a person to death in their custody or otherwise. Therefore, to protect rights of a citizen, stern measures are required to be taken to check the malady of the very fence eating the crop or else the foundation of the criminals justice delivery system would be shaken and our civilisation itself would bear the consequence of heading towards total decay resulting in anarchy and authoritarianism which is reminiscent to barbarism.

15. The learned counsel concluded his submission by submitting that the death of the petitioners son in police custody is due to torture of the police during the course of interrogation and not of suicide, therefore, this Court may not stop by giving a mere declaration but proceed further by directing the State to give compensation for the wrong done by its servants in course of performing their purported duties.

The learned counsel cited the case of "Kamala Begum (MUSTT) v. State of Assam & Ors.", as reported in 2003 (3) GLT 592 in support of his submission.

In the case cited above, the learned Single Judge dealt with a case of custodial death. In that case, the husband of the petitioner was arrested in connection with an F.I.R. case and was remanded to judicial custody. And while in jail custody, it was reported by the Jail Superintendent that he committed suicide by hanging himself in a latrine attached to ward No. 3 of the jail. A U.D. case was registered and postmortem was conducted and the death body was handed over to the family members. Based on the facts and circumstances of the case, the learned Single Judge reasoned as follows at para 7, 8 & 9 :

"7. I have heard the learned counsel for the parties. Facts are not in dispute. Except the reflection in the order of the learned Magistrate extracted above to the effect that the Jail Superintendent by his letter dated 12.09.1999 intimated the death of the accused husband of the petitioner and that he was found hanged by neck in a latrine attached to Ward No. 3 of the Jail, there is no other document to suggest that the deceased had committed suicide by way of hanging himself by neck. In the affidavit also, there is no indication as to how the deceased committed suicide and the manner and method adopted by him.

In the W.T. Message extracted above also, there is no indication about the cause of death. It even did not suggest that the deceased committed suicide. The postmortem report however specified the cause of death as due to asphyxia as a result of hanging. This, however, will not lead to the conclusion that the deceased committed suicide by hanging himself by neck. Even if it is held to be a case of suicide as is sought be projected by the respondents No. 3 & 4 in their affidavit, can the respondents and for that matter, the State absolve its responsibility towards protection of the life even of a criminal as guaranteed under Article 21 of the Constitution of India

8. I have given my anxious consideration to the issue involved in the case. Facts having been admitted by the parties, it is now to be decided as to whether the deceased died of his own fault of committing suicide and even if it is held to be a case of suicide whether the authorities at the helm of affairs requiring them to provide adequate protection of life and liberty of every person under its domain can be absolved of their responsibilities on the ground urged in the affidavit. The deceased was arrested in connection with a criminal case and he was produced before the learned Magistrate on 09.09.1999. He was remanded to jail custody till 23.09.1999. Then came the communication dated 12.09.1999 from the Jail Superintendent to the learned Magistrate intimating the death of the deceased. There is no explanation whatsoever either in any of the communication or in the affidavit as to what prompted the deceased to commit suicide and the manner and method he had adopted towards committing the same. The statements made in the affidavit are all vague, indefinite and evasive. No details relating to the incident have been given and the respondent Nos. 3 and 4 with the mere statement that since the deceased committed suicide, the petitioner is not entitled to any compensation want to absolve them from the duty and responsibility cast on them in such a serious matter.

9. Strangely enough, there is no indication in the affidavit as to the circumstances leading to the death of the husband of the petitioner and as to how he could prepare himself while in jail custody to commit suicide. There is not even any mention about the materials, the deceased had used towards committing suicide. A duty is cast on the Jail authorities to look after the wellbeing including the protection of lives and liberties of the jail inmates. If the plea adopted by the respondents No. 3 & 4 and that too in a most casual and irresponsible manner is allowed to stand absolving of the responsibilities of the jail authorities, same will lead to chaotic and unsecured situation for the jail inmates."

After observing and reasoning as given above, the Court directed the State Government to pay compensation of a sum of Rs. 1 (One) Lakh to the petitioner for the death of her husband in custody.

16. Among the 5 (five) respondents, only 2 (two) respondents, i.e. respondent No. 1, that is the State of Manipur, represented by Principal Secretary (Home) and respondents No. 4, that is Officer in Charge of Wangoi Police Station filed their affidavit-in-opposition.

17. The Joint Secretary in-Charge of Home, Government of Manipur filed the affidavit-in-opposition on behalf of the respondent No. 1. and the same is summed up as follows :

That under Section 176 Cr.P.C., there is no mandate for inquest by Judicial Magistrate as the Section provides only for enquiry to be conducted by the Judicial Magistrate. Inquest is to be conducted under Section 174 Cr.P.C. and in compliance of the same, the Executive Magistrate conducted the inquest over the dead body of the accused.

That, though the accused deceased was picked up on 23.02.2014 and kept in the Police Station, he was arrested in connection with an F.I.R. case No. 18(2)2014 Wangoi P.S. under Section 366/368/376 IPC only on 24.2.2014. Therefore, there is no illegality in the arrest and detention of the accused deceased. It is also stated that a copy of the arrest memo was given to the deceased accused and to his family members; therefore, there is no violation of law on that ground. That, the accused deceased was taken good care of while he was in police custody, but he committed suicide in the morning on 26.02.2014. Therefore, the allegation that he died due to torture by the police personnel of Wangoi P.S. is without any substantive evidence. That necessary action was taken up by registering U.D. case and thereafter, all the necessary investigation including crime scene inspection was conducted by the Forensic Science experts, Inquest was conducted by Executive Magistrate, and Postmortem was conducted by Forensic experts of RIMS on the dead body and all of them concluded that dead was due to hanging and it was suicidal in nature. Therefore, there is no reason to fix responsibility on the respondents, specially, respondent No. 1. That, the investigation on the U.D. case registered for the dead of the deceased accused while in custody is still going on, therefore, there is no need to take up any other enquiry or investigation.

18. The affidavit-in-opposition on behalf of the respondent No. 4 may be summarised as follows :

That, on 23.02.2014, a complaint was received in the police station that the prosecutrix eloped with one, Thoudam Digbijoy Singh (accused deceased) on 22.02.2014. But, since commission of cognisable offence was not disclosed by the complaint, the same was entered in the General Diary as GD No. 14 of Wangoi Police 2014 dated 23.02.2014. Following the receipt of the complaint, a police team of Wangoi Police Station led by one, S.I. Th. Ibochouba Singh went to the house of the accused deceased, and when they reached the same, they found the family members of Bilashini Devi, numbering about 20-30 persons including the parents and relatives. Since there was a chaotic situation, the police took away the accused along with prosecutirx to the police station. The accused deceased and prosecutrix were kept in the police station separately for the night to provide protection as well as for ascertaining the facts as to their elopement. They were not detained in the lockup of the police station, but they were made to rest separately in different rooms of the police station. On 24.02.2014, Huirem Inaocha, elder brother of the prosecutrix submitted a written complaint stating that his sister was eloped by the accused deceased to be his wife without her consent and she was kept concealed by the accused deceased and his family members. Based on that complaint, an F.I.R. being F.I.R. No. 18(2)2014 WGI PS under Section 366/368 IPC was registered. Later on, it came to be known that the accused deceased had committed rape on the prosecutrix, therefore, Section 376 of IPC was added. Following the registration of F.I.R. case, the deceased was arrested and kept in the lockup and arrest memo was served to him. Since none from the family members of the accused deceased came to the police station, a process server of the police station was sent to inform the family members of the accused deceased about the arrest. The process server accordingly went and met Th. Seityajit Singh, brother of the accused deceased and served the arrest memo and thereby obtained his signature. Therefore, the submission of the petitioner that the accused deceased was arrested on 23.02.2014 and no arrest memo was given is nothing, but false allegation. Since the accused deceased admitted the charge against him and the charge was substantiated by the statement of the prosecutrix, the accused deceased was produced before the learned Judicial Magistrate First Class, Imphal on 25.02.2014 and he was remanded to police custody for a period of 5 (five) days, i.e. till 01.03.2014.

19. That in the morning of 26.02.2014, a constable on taking over his duty went to check the lockup where the deceased accused was kept and found him (deceased accused) hanging on the door of the toilet with the shirt he was wearing. On being informed the Head Constable, Shri L. Sanatomba Singh submitted a report to him as the officer in-charge of the Police Station. Accordingly, a U.D. Case No. 2/WGI.PS/2014 dated 26.02.2014 was registered and investigation was initiated under Section 174 of Cr.P.C. That on his request a team from Forensic Medicine Department of RIMS headed by Dr. Supriya Keisham and another team from Scientific Mobile Unit of Forensic Science Laboratory, Pangei led by L. Bilashini Devi arrived at the Police Station. About the same time Mr. M. Pouralung Kabui, Executive Magistrate, Imphal West also arrived at the Police Station. After their arrival inquest was conducted by the Executive Magistrate and Dr. Supriya Keisham of RIMS and Shri L. Bilashini Devi also conducted inspection over the dead body and crime scene. As per the findings, the accused was found hanging with a shirt and saliva was found dropping from mouth, tongue was found slightly protruded, discharge of semen was found and also dripping from nostril was also there. The feet of the deceased was found hanging about 12 cm from above the floor and his two hands were found dropping straight, ligature mark on the neck of the deceased accused was also found and there was no formation of rigour mortis on the body. No mark of torture injury was found on the dead body. Thereafter, post mortem was conducted over the dead body.

20. The respondents also narrated the events of the morning of 26.02.2014 and submitted as follows :

At about 06:30 a.m. the deceased accused was taken out by the Constable No. 0601197 namely, Ch. Ingoba Singh for brushing his teeth, washing and to attend to natures call. Thereafter, he came back to the lockup at about 07:00 a.m. At that time, Th. Netrajit Singh, Constable No. 0901145 took over from Ch. Ingoba Singh as rear sentry. As he took over, he checked the lockup along with one, Irom Jayanta Singh, VDF No. V112025 and they found the deceased accused hanging on the door of the toilet located inside the lockup room. The deceased accused died of suicide and not because of the torture or anything done by the police. There is no evidence to show that the accused died of torture by the police, therefore, the petition deserved to be dismissed.

21. The learned G.A., Mr. A. Vashum representing the respondents, submitted that the crime scene report of the experts from FSL, Pangei, post mortem report of the Forensic Department of RIMS, investigation report conducted under the U.D. Case and finding of the Judicial Magistrate First Class in his inquiry report a copy of which is filed in this case does not show in any way that the deceased accused died because of torture of the police, therefore, there is no ground on which the prayer of the petitioner can be granted. The learned counsel cited the case of "Sube Singh v. State of Haryana and Others", reported in (2006) Supreme Court Cases 178 in support of his submission.

The relevant paras which the learned counsel referred to are at paras No. 46 and 50 as follows :

"46. In cases where custodial death or custodial torture or other violation of the rights guaranteed under Article 21 is established, the courts may award compensation in a proceeding under Article 32 or 226.

However, before awarding compensation, the Court will have to pose to itself the following questions: (a) whether the violation of Article 21 is patent and incontrovertible, (b) whether the violation is gross and of a magnitude to shock the conscience of the court, (c) whether the custodial torture alleged has resulted in death or whether custodial torture is supported by medical report or visible marks or scars or disability. Where there is no evidence of custodial torture of a person except his own statement, and where such allegation is not supported by any medical report or other corroborative evidence, or where there are clear indications that the allegations are false or exaggerated fully or in part, the courts may not award compensation as a public law remedy under Article 32 or 226, but relegate the aggrieved party to the traditional remedies by way of appropriate civil/criminal action.

50. In this case, there is no clear or incontrovertible evidence about custodial torture, nor any medical report of any injury or disability. The grievance of the petitioner and his relatives is against different officers in different police stations at different points of time. More importantly, several of the allegations are proved to be exaggerated and false. We, therefore, do not consider this to be a fit case for award of compensation. All reliefs which should be granted in such a case, have already been granted by ordering an inquiry by CBI and ensuring that the police officers named are prosecuted. The law will have to take its own course."

Conclusion and Reasons :

22. The Executive Magistrate who performed the inquest over the dead body of the deceased accused found the dead body hanging on the door of the toilet of the lockup of the Wangoi Police Station. The scientific officer of the FSL, Pangei also stated that the dead body was found hanging on the door of the toilet of the lockup and gave the opinion that the death was suicidal in nature. The doctor who conducted the post mortem on the dead body also opined that the death was due to asphyxia resulting from hanging and it was suicidal in nature. The Judicial Magistrate who conducted the inquiry also gave the same opinion based on the reports and statements of the police personnel and the forensic reports.

However, there are some questions which are vital but are not answered by the investigation or inquiry conducted over the death of the deceased accused. One must not forget that just because the accused deceased was found hanging on the door of the bathroom/latrine that does not necessarily mean that he had committed suicide by hanging himself. In other words, the fact that the accused deceased was found hanging does not necessarily lead to the conclusion that he committed suicide by hanging himself. The hanging may have been done by some other persons and not by himself. We are unable to persuade ourselves to believe that the accused deceased committed suicide by hanging himself for the following reasons :

(i) None of the persons who were involved in the inquiry or investigation of the crime place mentioned that there was anything in the lockup to help the deceased accused to help him climb up the door so as to hang himself to death. In fact the Officer-in-Charge of the police station stated in his statement before the Judicial Magistrate first class, Imphal that there was no table, chair etc. near the spot of the incident when the inquest team went inside the lockup room. He also stated that no one was allowed to enter the crime scene till the team of forensic experts and the Executive Magistrate arrived. Assuming that the deceased accused hanged himself, there should be something to climb up so that he can put the other end of the noose made of his own shirt to hang himself. From the photograph filed by the petitioner, the deceased accused is seen hanging from the edge or the corner of the door shutter facing the side of the door. It is difficult to imagine how one could hang himself in that position without anything to stand on or climb up to put the other end of the noose. According to the report of the scientific officer the height of the door is only 203 cm., length of the body of the deceased accused is 168 cm., the distance between the head of the deceased accused and the upper edge of the door was 17 cm. and feet of the deceased accused was only 12 cm. above the ground. In that situation also, it is difficult to imagine how a person would hang himself and died of asphyxia as the difference between height of the door and the height of the deceased accused is very small i.e. only 35 cm. No explanation as to how the deceased accused would have hanged himself and died of asphyxia is given by the police, the forensic experts and the respondents.

(ii) The deceased accused was found hanging to death in the morning of 26.02.2014. But, the post mortem report stated that he was handed over for post mortem only 01.03.2014. Why the delay is not explained by the police. This delay could have caused extinction of visible external marks of injuries. In fact, in the post mortem report, it is stated that the skin of the deceased accused at various places were peeling off. In our concern to know whether there was any external injury or marks on the dead body of the accused deceased, the video taken during the post mortem was screened in the Court room but nothing could be made out from there also as the skins of the death body have started peeling off and totally blacken.

(iii) The following facts prima facie indicate that there is every reason to believe that the deceased was beaten to death :

The learned Judicial Magistrate First Class examined a doctor namely, Sinam Prasanta Singh as a part of his inquiry. According to the doctor, the deceased accused was brought to community health centre at Wangoi at about 09:15 p.m. on 23.02.2014 and it is recorded in the casualty register. And when he attended to the deceased accused he was told by the accused deceased that he had body pain due to beating. This fact has not been controverted by the respondents. Shri Th. Seityajit, younger brother of the deceased accused was also examined by the Judicial Magistrate and in that he stated that one police personnel of Wangoi Police Station namely, H. Sakhensana Singh @ Apoi came in civil dress on 25.02.2014 to their house and told him that his elder brother, Th. Digbijoy Singh (deceased accused) was beaten, therefore, they should come with a sum of Rs. 10,000/- (Rupees ten thousand) only to secure his release.

This statement of Mr. Seityajit was not controverted by anybody including Mr. H. Sakhensana Singh who was also examined by the learned Judicial Magistrate First Class. The doctor, Supriya Keisham who conducted the post mortem on the dead body of the deceased accused was also examined by the Judicial Magistrate and she also stated that though the dead body was brought on 26.02.2014, post mortem was done only on 01.03.2014. In her statement she also mentioned that she found on the dead body blisters, peeling off of skin at various places and scrotum and penis of the deceased accused swollen. She also stated that bruise of middle aspect of left leg 19 cm. below knee, 3 cm. x 1.5 cm. red in colour; bruise of middle aspect of right leg about 18 cm. below knee, 4.5 cm. x 1.5 cm. red in colour were found on the dead body. However, all these were not explained.

The scientific officer of FSL, Pangei also recorded her findings as follows :

1. A male dead body was found hanging from the open door of the toilet of the locked lock up room.

4. Ligature used was gents shirt red in colour with white, grey and light yellow stripes.

13. Slight bluish discolourations were observed in both the upper and lower lips.

14. Injury like crack marks were observed in both lips (to be confirmed by Autopsy).

15. Patches of reddish and bluish discolouration were observed in most parts of the body like lower and upper limbs, buttocks, abdomen etc.

16. A bruise like mark was seen in the left leg below knee. (Confirmed by autopsy).

17. Feet were not touching the floor in its hanging position.

Height of the toile door = 203 cm

Floor to the feet of the deceased = 12 cm

No visible fatal external injury could be observed in the body. Time lapses since death could be around 6 (six) hours. Type of hanging was total hanging and suicidal in nature.

It would be seen from the above that injuries like crack marks were observed on both lips and bruise mark was also seen on the left leg below knee. These are also not explained.

As stated above in the post mortem report, it was specifically mentioned that scrotum and penis of the deceased accused were swollen but no reason for the same is given. For a person who died of hanging, there is no likely reason why the scrotum and penis should be swollen.

From the above stated facts and circumstances, the allegation of the petitioner that her son was beaten and tortured cannot be totally ruled out. Further, though it is the police and the respondents who should explain as to how the deceased accused could have hanged himself, they have not done so adequately. Therefore, as stated above, we are unable to persuade ourselves to believe that the accused committed suicide by hanging himself.

(iv) Further, one Th. Ibochouba Singh, S.I. of the Wangoi Police Station also gave his statement before the Judicial Magistrate First Class. In his statement he stated that in the morning of 26.02.2014 at about 06:30 a.m. he saw one Constable, Ch. Ingoba Singh taking out the deceased accused to attend natures call. He also stated that he saw the deceased accused coming out to brush his teeth and for mornings nature call. At that time he did not see any sign of anxiety or depression on the accused. If one is to believe the version of the police, the deceased accused died between 07:00 a.m. to 08:00 a.m. in the morning. But with no sign or symptom of depression seen on the deceased accused, it is difficult to imagine what turn of events could have suddenly triggered or driven the accused to commit suicide in that short span of time. This is one big question which remained unanswered. Particularly in the facts and circumstances, that the deceased as per the statement of his mother was earning Rs. 25,000/- (Rupees twenty five thousand) per month and was sole bread earner and was having a wife and three children.

From the above facts and circumstances also we are unable to believe without any doubt that the deceased accused died of suicide by hanging himself on the door of toilet of the lockup.

(v) The O.C. of the Wangoi Police Station, Mr. Munal Singh and S.I., Th. Ibochouba Singh of the same Police Station gave their opinion on the circumstances or the likely reasons before the Judicial Magistrate First Class which might have led the deceased accused to commit suicide as follows :

(a) That, the deceased accused had already eloped 3 (three) girls besides his wife and all these instances had created serious financial crisis to his family. This time, when he eloped with the prosecutrix, none of the family members visited him and gave their support. This might have led him to frustration and to commit suicide.

(b) That, though the deceased accused eloped with the prosecutirx and committed rape on her, she refused to marry him, this might have caused shame, frustration and remorse, and that might have led him to commit suicide.

(c) They also stated that many women organisations may come out against him in the event of his release and that will make it difficult for him to exist in the society, that may have also led him to commit suicide.

The reasons given by the Officer in-charge and S.I., Th. Ibochouba Singh does not appear to be reasonable enough. Because the deceased accused was a married man with two children and was a matured and responsible man. For such reasons, he could not have ignored the facts stated above and commit suicide. Further, he being a mature man, he would have anticipated such consequences already.

Therefore, he is not likely to have committed suicide for such reasons all of a sudden.

23. In cases of custodial death such as this case, it would be unreasonable to expect the petitioner to prove beyond reasonable doubt that her son (the deceased accused) died while in police custody due to the torture or any act of the police because of the obvious reason that the deceased accused was in the custody of the police and not within her view or views of her relatives or any other person(s) other than the police personnel of that police station.

Whatever was done on the deceased accused or happened to him was within the four walls of the place of his confinement which is away from the gaze of anybody except police personnel of the police station. The fact that the accused was arrested and kept in police lockup and he died of asphyxia due to the hanging in the lockup under the facts and circumstances stated already, that too with external injuries on both the legs, cut marks on both the upper and lower lips and complaint of body pain as testified by the doctor who attended to him prima facie in our opinion shows that the accused deceased did not die of his own action as it is made to appear by the police.

Burden of proof

Honble High Courts and Honble Supreme Court in many cases, besides having expressed their anguish over the incidents of custodial torture or violence has evolved a principle, that once prima-facie it is shown that a person has been arrested and died during police custody, the burden to prove that the person did not die of any wrongful act of the police is on the police under whose custody the arrestee died. The plaintiffs would not be put to the burdensome exercise of giving evidence beyond reasonable doubt as is required under normal criminal trials. Just two cases are cited here on the point for the sake of brevity.

(1) Dino D.G. Dympep and another v. State of Meghalaya and others. 2007(3) GLT 864. In this case, the learned Judge held as follows :

"It must be remembered that a proceeding under Article 226 of the Constitution of India concerning violation of fundamental right under Article 21 of the Constitution, is not a criminal proceeding and in a proceeding of this nature, proof beyond reasonable doubt cannot be insisted upon. Once the petitioners have made out a prima facie case of custodial violence which resulted in the death of the deceased, the provision of Section 106 of the Indian Evidence Act can be readily invoked. Under Section 106 of the Evidence Act, it is provided that when any fact is especially within the knowledge of any person, the burden of proving the fact is upon him. This section like the preceding one is an exception to the general rule laid down in Section 101, which says that the burden of proving a fact rests on the party who substantially asserts the affirmative of the issue.

However, I must hasten to say that Section 106 is not intended to relieve any person of that duty of burden, and say that when a fact to be proved (whether affirmative or negative) is peculiarly within the knowledge of a party, it is for him to prove it. For instance, when the incident of murder had taken place inside the house of the accused at the time when the accused person alone were present, they only knew what exactly had happened. It is true that Section 106 cannot be used to shift the onus of proving the evidence from the prosecution to the accused, but when there is satisfactory evidence which fastens or conclusively fixes the liability for the death of the inmates of the house present at the relevant time, in the absence of any other explanation, the only possible inference which can be drawn by this Court will be that all the accused inmates participated in the crime. If any one of them claims to the contrary then under Section 106, the burden of proving that fact would be upon him since that is within his special knowledge. This was the principle laid down by the Apex court."

The learned Judge after stating that the principle was as it was laid down by the Honble Supreme Court in Shambhu Nath v. State of Ajmer, AIR 1956 SC 104 further stated as follows :

" If this is the principle held applicable even in a criminal proceeding requiring proof beyond reasonable doubt, with due respect, there is no difficulty in holding that when there is prima facie evidence to show that the deceased was subjected to physical torture by the police personnel after he was apprehended or taken into custody. It is incumbent upon the respondents to prove that the Moirang Police Station, which took him to custody or the jail authority which subsequently took him to custody have no hand in the death of the deceased."

(2) The second case is that of Munshi Singh Goutam v. State of M.P. as reported in (2005) 9 SCC 631 [LQ/SC/2004/1290] . The Honble Supreme Court at para 6 to 7 of the judgment stated as follows :

"6. Rarely in cases of police torture or custodian death, direct ocular evidence is available of the complicity of the police personnel, who alone can only explain the circumstance in which a person in their custody had died. Bound as they are by the ties of brotherhood, it is not unknown that police personnel prefer to remain silent and more often than not even pervert the truth to save their colleagues and the present case is an apt illustration as to how one after the other police witnesses feigned ignorance about the whole matter.

7. The exaggerated adherence to and insistence upon the establishment of proof beyond every reasonable doubt by the prosecution, at times even when the prosecuting agencies are themselves fixed in the dock, ignoring the ground realities, the fact situation and the peculiar circumstances of a given case, as in the present case, often results in miscarriage of justice and makes the justice-delivery system suspect and vulnerable. In the ultimate analysis society suffers and a criminal gets encouraged. Tortures in police custody, which of late are on the increase, receive encouragement by this type of an unrealistic approach at times of the courts as well, because it reinforces the belief in the mind of the police that no harm would come to them if one prisoner dies in the lock-up because there would hardly by any evidence available to the prosecution to directly implicate them in the torture. The Court must not lose sight of the fact that death in police custody is perhaps one of the worst kinds of crime in a civilised society governed by the rule of law and poses a serious threat to an orderly civilised society.

Torture in custody floats the basic rights of the citizens recognised by the Indian Constitution and is an affront to human dignity. Police excesses and the maltreatment of detainees/under trial prisoners or suspects tarnishes the image of any civilised nation and encourages the men in "khaki" to consider themselves to be above the law and sometimes even measures are taken to check the malady of the very fence eating the crop, the foundations of the criminal justice-delivery system would be shaken and civilisation itself would risk the consequence of heading towards total decay resulting in anarchy and authoritarianism reminiscent of barbarism. The courts must, therefore, deal with such cases in a realistic manner and with the sensitivity which they deserve, otherwise the common man may tend to gradually lose faith on the efficacy of the system of the judiciary itself, which if it happens will be sad day, for anyone to reckon with."

Keeping in view the principle of law followed in the above mentioned two cases, we are of the view that the police in whose custody the accused deceased died have not discharged their duty/burden of explaining the reason why the accused deceased would have hanged himself to death and the manner or the way how he would have executed his self hanging to death.

24. Besides, the personnel of the police station in particular and the respondents in general cannot be absolved from the responsibility or duty of keeping the accused deceased, who was in their custody safe and sound. It is their duty to ensure that a person in their custody remained safe and sound and is not deprived of his right to life as provided under Article 21 of the Constitution of India except for the restrictions provided by law. In many cases, the High Courts under public law jurisdiction have held as such and granted compensation to the family members of the victims of custodial death or those who have died while in jail. The Honble Supreme Court also have upheld such decisions of the High Courts in a number of cases. One of such cases is the one cited by the petitioner which in our opinion is quite relevant. In that case it would be seen that the learned Single Judge had observed as follows:

"Kamala Begum (MUSTT) v. State of Assam & Ors.", as reported in 2003 (3) GLT 592 -

"The postmortem report however specified the cause of death as due to asphyxia as a result of hanging. This, however, will not lead to the conclusion that the deceased committed suicide by hanging himself by neck. Even if it is held to be a case of suicide as is sought to be projected by the respondents No. 3 & 4 in their affidavit, can the respondents and for that matter, the State absolve its responsibility towards protection of the life even of a criminal as guaranteed under Article 21 of the Constitution of India"

The learned Single Judge also observed in para No. 9 of the judgment as follows :

"A duty is cast on the Jail authorities to look after the well being including the protection of lives and liberties of the jail inmates. If the plea adopted by the respondents No. 3 & 4 and that too in a most casual and irresponsible manner is allowed to stand absolving of the responsibilities of the jail authorities, same will lead to chaotic and unsecured situation for the jail inmates."

The same reasons, in our opinion, apply in this case also. The police and the respondents cannot absolve themselves from their responsibilities of ensuring not only the welfare of the accused but his safety also while in custody. It would be seen from the report of the Judicial Magistrate First Class, Imphal that there is total neglect on the part of the respondents in the way how the lockup of the police station is kept and managed. The relevant portion of the Judicial Magistrates report is reproduced here below :

"99. However, I would like to point out certain observations from the statement of the witnesses and from the spot visit made at the Wangoi Police Station which needs rectification as early as possible to prevent recurrence of such custodial deaths in the future. They are as follows :

(i) There is basic lack of amenities like fresh water, proper lighting, ventilation and proper bedding for the accused persons in the lock up of Wangoi Police Station. From the spot visit made, I found out that the lock up room very filthy and dusty. A mattress filled with straw serves as the sole sitting place cum sleeping place for the accused persons.

(ii) The lock up room for male is located away from where the police personnel either no sentry or otherwise could see the accused persons lodged therein. Or otherwise, a police person should be kept in front/near the lock up door round the clock whenever accused persons are lodged.

This is necessary so as to raise an alarm as soon as possible if any problem or unusual thing happens. In the case of Digbijoy, there seems to be no guard in front of the lock up or near it who could see and report if anything happens inside the lock up. This is one of the lapse of the police administration which resulted in the custodial death of Shri Digbijoy Singh at Wangoi Police Station.

(iii) Further, whenever accused persons are taken for routine medical check-up, they should also be given psychological check up with a registered psychologist so that if any abnormal or suicidal tendency is observed, appropriate security and safety measures could be taken at the earliest."

25. As observed by the learned Magistrate, there is no place for the police personnel to keep watch at the lockup of the Wangoi Police Station. Such a place for police personnel to keep watch at the lockup is a necessity to prevent any unwanted incident in the lockup. Had there been one such unfortunate incident could have been prevented.

Having failed in their duty to keep the accused deceased safe, the respondents cannot be absolved of being held responsible for his death in the lockup. The decision of the Honble Supreme Court in two cases namely, "State of A.P. (Appellant) v. Challa Ramkrishna Reddy and others (Respondents) (2000) 5 S.C.C. 712" and "M.S. Grewal and another v. Dupchand Sood and others (2001) 8 S.C.C. 131" are also relevant. In both the cases, the Honble Supreme Court directed the respondents to pay compensation to the family members of the victims for failing in their duties to ensure safety of the victims.

In the first case, one, Challa Chinappa Reddy and his son, Challa Ramkrishna Reddy were arrested by Owk Police Station in Banganapalle Tuluk of Kurnool District in connection with criminal case No. 18 of 1997 on 25.04.1997 and on being remanded to judicial custody on 26.04.1997, they were lodged in cell No. 7 of Sub-Jail, Koilkuntla. In the night between 5.5.1977 and 6.5.1977 at about 3:30 am, some persons entered the premises of the sub-jail and hurled bombs into cell No. 7 as a result of which Challa Chinappa Reddy sustained grievous injuries and died subsequently in Government Hospital, Kurnool. His son Challa Ramkrishna Reddy who was also lodged in the same cell, however, escaped with some injuries. Challa Ramkrishna Reddy and his mother titled a suit against the state of Andhra Pradesh claiming a sum of Rs. 10 lakhs as damages on account of the negligence of the defendants which had resulted in the death of Challa Chinappa Reddy. The suit was contested by the state of A.P. and the trial court dismissed the same. But, on appeal the High Court decreed the suit and granted a sum of Rs. 1,44,000/- with interest at the rate of 6% per annum from the date of the suit till realization. The decree was challenged in the Honble Supreme Court and the Supreme Court upheld the decree of the High Court. The Honble Supreme Court while disposing the appeal stated in para 31, 32 and 33 of its judgment as follows (31) "This Court, through a stream of cases, has already awarded compensation to the persons who suffered personal injuries at the hands of the officers of the Government including police officers and personnel for tortuous act. Though most of these cases were decided under public law domain, it would not make any difference as in the instant case, two vital factors namely, police negligence as also the sub-inspectors being in conspiracy are established as a fact.

In the second case (Grewal & Others v. Deepchand and others), the Honble Supreme Court upheld the order of the High Court which granted compensation to the petitioners to be paid by authorities of the school in which the victims studied. The brief facts of the case is that the students of a school including the unfortunate victims were taken for an annual picnic on the Bank of River Beas under the charge of five teachers, two mess boys, one supplier and the driver of the bus along with two European ladies. In the postlunch period, fourteen students along with two teachers went down the river for a considerable distance, the teachers, however, discovered a sudden "dibber" of about 6-8 ft deep by reason wherefore the teachers themselves along with the students fell into a great danger. Whereas the teachers could save themselves, the students died due to drowning. When the matter comes up before High Court a compensation of 5 lakhs each to the parents to the children to be paid by the Chairman and management of the school was granted. On appeal by special leave, the Honble Supreme Court upheld the decision of the High Court.

In the two cases, the Honble Supreme Court held the respondents negligent and therefore, directed them to pay compensation to the family members of the victims. In this case also, assuming that the accused deceased committed suicide, it is yet the duty of the police in whose exclusive custody he was to ensure that such thing does not happen. Having failed in their duty, they are liable to pay compensation.

Regarding grant of compensation to victims and family members of victims of torture or death due to torture in police custody or jail, the judgment of the Honble Supreme Court in the case of "D.K. Basu v. State of W.B." is instructive, therefore, some of the relevant portions are given here below :

D.K. Basu v. State of W.B. (1997) 1 SCC 416 [LQ/SC/1996/2231] -

" 44. The claim in public law for compensation for unconstitutional deprivation of fundamental right to life and liberty, the protection of which is guaranteed under the Constitution, is a claim based on strict liability and is in addition to the claim unavailable in private law for damages for tortious acts of the public servants. Public law proceedings serve a different purpose than the private law proceedings. Award of compensation for established infringement of the indefeasible rights guaranteed under Article 21 of the Constitution is a remedy available in public law since the purpose of public law is not only to civilise public power but also to assure the citizens that they live under a legal system wherein their rights and interests shall be protected and preserved. Grant of compensation in proceedings under Article 32 or Article 226 of the Constitution of India for the established violation of the fundamental rights guaranteed under Article 21, is an exercise of the courts under the public law jurisdiction for penalising the wrongdoer and fixing the liability for the public wrong on the State which failed in the discharge of its public duty to protect the fundamental rights of the citizen.

45. The old doctrine of only relegating the aggrieved to the remedies available in civil law limits the role of the courts too much, as the protector and custodian of the indefeasible rights of the citizens. The courts have the obligation to satisfy the social aspirations of the citizens because the courts and the law are for the people and expected to respond to their aspirations.

A court of law cannot close its consciousness and aliveness to stark realities.

Mere punishment of the offender cannot give much solace to the family of the victim civil action for damages is a long drawn and a cumbersome judicial process. Monetary compensation for redressal by the court finding the infringement of the indefeasible right to life of the citizen is, therefore, useful and at time perhaps the only effective remedy to apply balm to the wounds of the family members of the deceased victim, who may have been the breadwinner of the family.

54. Thus, to sum up, it is now a well-accepted proposition in most of the jurisdictions, that monetary or pecuniary compensation is an appropriate and indeed an effective and sometimes perhaps the only suitable remedy for redressal of the established infringement of the fundamental right to life of a citizen by the public servants and the State is vicariously liable for their acts. The claim of the citizen is based on the principle of strict liability to which the defence of sovereign immunity is not available and the citizen must receive the amount of compensation from the State, which shall have the right to be indemnified by the wrongdoer. In the assessment of compensation, the emphasis has to be on the compensatory and not on punitive element. The objective is to apply balm to the wounds and not to punish the transgressor or the offender, as awarding appropriate punishment for the offence (irrespective of compensation) must be left to the criminal courts in which the offender is prosecuted, which the State, in law, is duty bound to do. The award of compensation in the public law jurisdiction is also without prejudice to any other action like civil suit for damages which is lawfully available to the victim or the heirs of the deceased victim with respect to the same matter for the tortious act committed by the functionaries of the State. The quantum of compensation will, of course, depend upon the peculiar facts of each case and no straitjacket formula can be evolved in that behalf. The relief to redress the wrong for the established invasion of the fundamental rights of the citizen, under the public law jurisdiction is, thus, in addition to the traditional remedies and not in derogation of them. The amount of compensation as awarded by the Court and paid by the State to redress the wrong done, may in a given case, be adjusted against any amount which may be awarded to the claimant by way of damages in a civil suit."

26. In view of the above given judgment and other judgments of the Honble Supreme Court in catena of cases which have been followed by the High Courts in the Country, granting of compensation under public law to victims of custodial torture or to family members of victims of custodial death has become a settled principle of law to assure the citizens that they live under a legal system wherein their rights and interests shall be protected and preserved and also to ensure that the law keepers act with sense of responsibility and accountability when it comes to protection and prevention of violation of the fundamental rights of the citizens. In this case also, considering the facts and circumstances under which the deceased accused was found death, the unexplained process or manner as to how the deceased accused would have hanged himself to death, the statement of the doctor who treated the accused while he was in custody, the bruise and injury marks found on the dead body of the deceased accused, the negligence of the police in the performance of their duty to keep the deceased accused safe and sound while in their custody, we are of the view that it is a fit case for granting compensation to the family members of the deceased accused.

27. Therefore, the police in whose custody the deceased accused was before and when he died are held liable to pay compensation to the family members of the deceased accused for the reasons stated above. However, since they are employees of the respondent No. 1 i.e. the State Government, the State Government is held vicariously liable to pay compensation to the family members of the victims.

28. Considering the facts and circumstances of the case, the age and earning of the deceased accused while he was alive, the number of his dependents, we are of the view that a sum of Rs. 5 (five) lakh will meet the ends of justice. Accordingly, the State Government, particularly the Home Department is directed to pay the compensation amount to the family members of the deceased accused represented by the petitioner (mother) within a period of 2 (two) months from the date of receipt of a copy of this order.

29. Further, we direct the Director General of Police who is respondent No. 2 to examine the record of the U.D. Case No. 2WGI-P.S./2014 dated 26.02.2014 registered in connection with the death of the deceased accused by Wangoi Police Station and take further necessary action.

30. With this, writ petition is disposed.