Bombay HC directs Maharashtra government to deposit ₹5 lakh as compensation for custodial death of minor

The Aurangabad bench of the Bombay high court (HC) recently directed the state to deposit a sum of ₹5 lakh which can be withdrawn by the parent of a 16-year-old

The Aurangabad bench of the Bombay high court (HC) recently directed the state to deposit a sum of ₹5 lakh which can be withdrawn by the parent of a 16-year-old who was allegedly a victim of custodial violence at Shirdi police station and died on March 31, 2016.

The Bombay high court directed the state to recover the amount from the errant police personnel.

The teenager was picked up by Shirdi police from the Saibaba temple premise on the suspicion of pick-pocketing. However, when the minor’s father and brother went to the police station, they were not allowed to see him, and later the police rushed the body to the hospital where the father was informed that his son was dead. The father approached the HC seeking ex-gratia compensation as well as an inquiry against the officers responsible for the death of his son. The court, while granting the compensation, said that the state could recover the amount from the errant police officers.

A division bench of justice TV Nalawade and justice Shrikant Kulkarni, while hearing the criminal writ petition filed by Ashok Rokade, was informed by advocate SS Chapalgaonkar that his client was the father of the 15-year-old who had died while he was kept in lock-up at Shirdi police station on March 31, 2016. He informed the court that as the deceased was a minor and had died while in lock-up, his client was seeking ex-gratia compensation and an inquiry against the officers who put the minor in lock-up without inquiring about his age, and also assaulted and tortured him, which resulted in his death.

As per the documents submitted by the police through additional public prosecutor OG Wattamwar, Rokade’s son was allegedly caught in the Saibaba temple premises while he was stealing the purse of a woman. He was handed over to two police personnel who were assigned security duty at the temple. The minor was taken to Shirdi police station where he was handed over to the police station officer who put the suspect in lock-up without finding out his age or following due procedure of informing the family of the suspect or taking him for a medical test.

Later, when the Rokade reached the police station, he was not allowed to see his son and was asked to leave. While waiting outside, the father saw police personnel taking away a body which was covered in a blanket. When the father followed the police and reached the hospital, he was informed that his son was dead.

Chapalgaonkar submitted that when Rokade tried to lodge a complaint against the police personnel on April 1, 2016, he was ignored and only after he approached the higher authorities, a complaint was lodged against assistant police inspector (ASI) Sangita Ramdas Raut, police hawaldar Shaikh Ayyub Babu, ASI Shaikh Rajjaq Abdul Behram, police naik Rajendra Bhagchand Avhad and police naik Harischandra Baburao Mane.

Chapalgaonkar further submitted that a post-mortem was conducted after much persuasion and the report stated that the minor had died of an abrasion on the neck.

However, Wattamwar refuted the allegations and said that the suspect had died by suicide and hence, the police were not to be blamed.

After hearing the submissions, the bench observed that the police had not followed proper procedure while arresting the minor, and as CCTV footage was not available and the post-mortem report indicated custodial death, it was directing the state to deposit a sum of ₹5 lakh towards ex-gratia compensation in the court, which could be withdrawn by Rokade. The court further directed the state to recover the amount from the errant police personnel and said that the other prayers of the petition could be decided by the trial court.