Peoples' Union For Democratic Rights Through Its Secretary and Anr. Vs. Police Commissioner, Delhi Police Headquarters and Anr. (13.01.1989 - SC) - Court Judgment

Excerpt:
criminal - atrocity of police - police collected some poor people and took them to police station for doing some work - they were beaten when asked wages - deputy commissioner of police accepted atrocity committed by police - directed to pay rs. 50,000 to family of dead appellant and matter taken for criminal proceeding with arrest of officers. - [s.m. sikri, c.j.,; d.g. palekar,; m.h. beg,; a.n. ray and; s.n. dwivedi, jj.] the first petitioner was a public limited company incorporated under the indian companies act. the second and third petitioners were shareholders and directors of the first petitioner. up to the end of march, 1971 the petitioner company was registered under the indian insurance act, 1938. the registration authorised it to carry on the business of general insurance..........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. petition no. 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 then 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.....

Judgment:
ORDER

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. Petition No. 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 then 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 No. 2 Patasi who was stripped of he 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 Petition are disposed of accordingly.