The Delhi High Court has instructed the city government to pay Rs 18.44 lakh as compensation to the adoptive father of a 19-year-old man who died by suicide while in police custody. The court emphasized that even in cases of unnatural custodial deaths like suicide, there is a public law liability for violating the fundamental right to life under Article 21 of the Constitution.
In a judgment issued by Justice Sachin Datta, it was stated that the state, as the custodian of life and liberty, has an absolute duty to ensure the safety of individuals in its custody. The court highlighted that the nature of a custodial death, being unnatural, imposes liability and necessitates compensation.
The case involved a petition filed by Shyam Sundar seeking compensation for the death of his adopted son, Deepak, who passed away on January 16, 2018, while detained at Karawal Nagar Police Station following an arrest related to an FIR. Allegations were made that both the petitioner and his son were subjected to assault by police officers after the arrest, with demands for money for the son’s release.
The court rejected the argument put forth by the Delhi government that compensation for custodial deaths should be governed by statutory frameworks, emphasizing that such compensation directly stems from the violation of Article 21 and is separate from statutory remedies.
