Punjab Government told to pay Rs. 5 lakhs to dependants of victim of custodial death

The Punjab government has been asked by the Commission to pay an interim relief of Rs.5 lakhs to the family of a victim of custodial death. The Commission has also asked for a high-level inquiry into the case. The victim, Shri Mela Singh of Mansa District of Punjab, had died in the Lehragaga police station of Punjab on 2 December 1994.

The wife of the victim had alleged in a complaint to Commission that the police had illegally detained her husband for four days and that he had died in police custody due to torture. She had also alleged that the body of her husband had not been handed over to the family for performing the last rites.

Pursuant to the directions of the Commission, the Government of Punjab had sent a report stating that Shri Mela Singh had died following a heart attack in the police station’s toilet. A post-mortem conducted in the presence of the father of the deceased brought out that the cause of death was heart failure.

The Commission, on examining the report, asked for the report of the magisterial inquiry in the matter. The Sub-Divisional Magistrate’s report held that Shri Mela Singh had fallen in the toilet and had died of a heart attack. It added that there was no evidence to suggest that he had been beaten or tortured. Thus his death was a natural one and no one was to be blamed.

The Commission felt that the police version and the magisterial report concealed more than they disclosed. Hence, the Commission directed its Investigation Division to examine the matter.

According to the Investigation Division’s report, Shri Mela Singh was an able-bodied farmer. His vehicle had been hit by another vehicle, while he was on his way to attend a cattle fair with his family. This resulted in an altercation with the occupants of the other vehicle. Mela Singh had beaten-up one of the occupants, who sustained serious injuries. He was then taken away by the police. The SHO advised him to reach a compromise with the other party and settle the matter.

Taking advantage of the situation, the police started demanding money from Shri Mela Singh’s family members. The family paid Rs. 10,000/- to the injured and Rs.5,000/- was given as a bribe to the SHO whose demand was for much more.

As the money was not forthcoming, the police occasionally beat-up the victim in front of his brother, who had also been asked to stay back in the police station till the matter was settled. Shri Mela Singh was in a highly disturbed frame of mind as his period in custody went on being extended. He was also made to do hard labour hard in the premises of the police station. He was thus held in police custody for ransom and subjected to both physical and mental torture as his family was not conceding to the demand for illegal gratification of the police

All these factors, in the view of the Commission, contributed to the build up of a severe fear psychosis in him, which led to a massive heart attack causing death.

The police had also built up the records after his death, as was evident from glaring inconsistencies and distinct signs of manipulation. The case was registered only after four days of the incident. The SDM had also not prepared any documents, the inquest panchnama, inspection note, nor had he got the place of incident photographed. He had also not recorded the statement of the witnesses. He had actually started his inquiry a good three days after the death of the victim. The post-mortem was also not conducted by a panel of doctors or experts in custodial death cases, but by a doctor on the request of the police.

Thus, the Commission felt that this was a serious case of suspected custodial killing. There was also a case for investigation against the concerned police officials as well as the SDM and the doctor who had conducted the post-mortem. It has therefore recommended that this case be examined by a senior police officer not below the rank of an Inspector General of Police and that the State Government of Punjab and the Director General of Police should authorise such investigation. The Commission has also directed the payment of an immediate interim relief of Rs.5 lakhs. It is to be paid by the State Government to the widow of the deceased, who at the time of death was only 30 years old and left behind, his wife and two children. The Commission has said that the State Government is at liberty to initiate proceedings for recovery of this sum from those who, by their high-handedness, had exposed the Government to this liability.