Peoples’ Union for Democratic Rights through its Secretary and Another Vs. Police Commissioner, Delhi Pol
EmailAppeal: Writ Petitions (Criminal) Nos. 401-402 of 1988
(Under Article 32 of the Constitution of India)
(Under Article 32 of the Constitution of India)
Petitioner: Peoples’ Union for Democratic Rights through its Secretary and Another
Respondent: Police Commissioner, Delhi Police Headquarters and Another
Apeal: Writ Petitions (Criminal) Nos. 401-402 of 1988
(Under Article 32 of the Constitution of India)
(Under Article 32 of the Constitution of India)
Judges: G.L. OZA & K.N. SAIKIA, JJ.
Date of Judgment: Jan 13, 1989
Head Note:
CRIMINAL LAW
Police atrocities
Poor people taken to police station for doing work – Workers not paid but beaten up, one of them died and a female worker stripped of her clothes – Directions for payment of compensation – Amount of compensation to be recovered from guilty police officers – Constitution of India, 1950, Article 32.
JUDGEMENT:
O R D E R
1. Heard learned counsel for the parties
2. It is an unfortunate case where the police collected poor people and took them to the police station for doing some work. They were asked to work without labour charges. On demand they were beaten and it appears that one of them Ram Swaroop succumbed to the injuries and the body has also been disposed of. Petitioner 2 Patasi, as alleged, was also stripped of her clothes and was thrashed in the police station. The other eight persons namely (1) Dandwa (2) Ram Prasad (3) Jaipal (4) Mahavir (5) Kannu (6) Munsjia (7) Hukka and (8) Pratap were also beaten up rather than they should have been paid for the work they did at the police station.
3. We are happy and we record our appreciation that Mr. A.S. Khan, Deputy Commissioner of Police in his affidavit has frankly accepted the atrocity committed by the police officers and it also appears some action has been taken and Station House Officer has been arrested. The matter is being investigated for criminal prosecution. It is unfortunate that the police to whom the citizen can approach for protection and help acted in such a manner.
4. Under the above circumstances we direct that the family of Ram Swaroop who is dead will be paid Rs. 50,000 as compensation, which will be invested in some scheme under the Life Insurance Corporation, so that the destitute family may get some amount monthly and the money may also be kept secured. It is also directed that petitioner 2 Patasi who was stripped of her clothes at the police station, shall be paid Rs. 500 as compensation and the 8 other persons namely (1) Dandwa (2) Ram Prasad (3) Jaipal (4) Mahavir (5) Kannu (6) Munsjia (7) Hukka and (8) Pratap, who were taken in the police station without being paid for their work will be paid Rs. 25 each. It is directed that after investigation and inquiry officers who are found guilty, the amount paid as compensation or part thereof may be recovered from these persons out of their salaries after giving them opportunity to show cause.
5. This order will not prevent any lawful action for compensation. But in case some compensation is ordered by a competent court, this will be given credit to.
6. The writ petitions are disposed of accordingly.
1. Heard learned counsel for the parties
2. It is an unfortunate case where the police collected poor people and took them to the police station for doing some work. They were asked to work without labour charges. On demand they were beaten and it appears that one of them Ram Swaroop succumbed to the injuries and the body has also been disposed of. Petitioner 2 Patasi, as alleged, was also stripped of her clothes and was thrashed in the police station. The other eight persons namely (1) Dandwa (2) Ram Prasad (3) Jaipal (4) Mahavir (5) Kannu (6) Munsjia (7) Hukka and (8) Pratap were also beaten up rather than they should have been paid for the work they did at the police station.
3. We are happy and we record our appreciation that Mr. A.S. Khan, Deputy Commissioner of Police in his affidavit has frankly accepted the atrocity committed by the police officers and it also appears some action has been taken and Station House Officer has been arrested. The matter is being investigated for criminal prosecution. It is unfortunate that the police to whom the citizen can approach for protection and help acted in such a manner.
4. Under the above circumstances we direct that the family of Ram Swaroop who is dead will be paid Rs. 50,000 as compensation, which will be invested in some scheme under the Life Insurance Corporation, so that the destitute family may get some amount monthly and the money may also be kept secured. It is also directed that petitioner 2 Patasi who was stripped of her clothes at the police station, shall be paid Rs. 500 as compensation and the 8 other persons namely (1) Dandwa (2) Ram Prasad (3) Jaipal (4) Mahavir (5) Kannu (6) Munsjia (7) Hukka and (8) Pratap, who were taken in the police station without being paid for their work will be paid Rs. 25 each. It is directed that after investigation and inquiry officers who are found guilty, the amount paid as compensation or part thereof may be recovered from these persons out of their salaries after giving them opportunity to show cause.
5. This order will not prevent any lawful action for compensation. But in case some compensation is ordered by a competent court, this will be given credit to.
6. The writ petitions are disposed of accordingly.
