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HC imposes Rs10,000 costs on HARYANA DGP in custodial death case

October 11, 2018 05:17 AM


HC imposes Rs10,000 costs on DGP in custodial death case
Saurabh Malik

Tribune News Service

Chandigarh, October 10

In a major embarrassment to the Haryana Police, the High Court has directed the Director General of Police to pay costs of Rs10,000 to a petitioner in a death-in-custody case for failure to determine compensation even after a lapse of three years.
The orders by Justice PB Bajanthri came on a petition filed by Anand Rai Kaushik against the State of Haryana and other respondents.

The court was told that the petitioner’s brother was taken in custody by the personnel of Faridabad NIT police station in July 2013 and he died in custody.

The petitioner’s counsel also submitted that no FIR was registered in connection with which the victim was taken to the police station.

Besides, the version given by the police was that he had died by hanging himself from a window in the toilet, which was 6.5 ft from the ground, while the victim was about 6.2 ft.

Taking up the matter, the High Court in March 2015 observed that the Bench was, prima facie, of the view that the judicial inquiry report, relevant daily diary reports and post-mortem examination conducted by a board of doctors showed that foul play had not taken place in the present case.

In view of the judicial inquiry report, an FIR was not required to be registered to initiate investigation. But the respondent-state was bound to pay compensation to the petitioner since the death had taken place in a police station.

The Bench had added that the counsel for the state was directed to obtain instructions from the authorities concerned as to why Rs6 lakh not be ordered to be paid to the petitioner. “Let the DGP, Haryana, file his own affidavit in this regard before the next date of hearing on April 7, 2015,” the Bench had said.

Justice Bajanthri added the DGP had, till date, not determined the amount of compensation required to be paid to the legal heirs of the victims with reference to notification dated April 3, 2013, relating to Haryana Victim Compensation Scheme, 2013.

“It is more than three years and even to this day, there is no determination of victim compensation under 2013 scheme insofar as the present case. Therefore, the DGP is directed to pay Rs10,000 to the petitioner,” the Bench said.

The top cop was also directed to determine victim compensation under the scheme before submitting it along with an affidavit

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