A Bench of Justices Ashwani Kumar Mishra and Justice Rajnish Kumar noted that a judicial inquiry clearly found that the son of the petitioners died in the police custody and police personnel are responsible for it.
“In matters of this kind we expect the higher officers to be sensitive to the deprivation of liberty and to immediately proceed to take appropriate action, as is warranted in law. We are not convinced with the version of the State that it is a case of suicide by the victim, as the judicial inquiry has come to a different conclusion,” the Court said.
The Bench noted that the said report clearly revealed that the victim had died in the police custody at the hands of State personnel. Towards this, it observed,
“An appropriate report ought to have been lodged under Section 154 and investigation ought to have progressed. Claim for payment of compensation also ought to have been considered.”
The Court, therefore, directed the Additional Chief Secretary (ACS) to Uttar Pradesh’s Home Department to file a personal affidavit in the matter.
The Court asked the ACS to disclose the steps taken, including against the officers responsible, pursuant to the report of a judicial inquiry in the matter.
Source: Barandbench
