NEW DELHI: The Delhi High Court has held that an unnatural death in police custody—even if by suicide—cannot be treated as a private act divorced from State responsibility. Holding that persons in custody continue to be protected by Article 21 (right to life) of the Constitution, the HC directed the Delhi government to pay Rs 18.44 lakh in compensation to Shyam Sunder for the death of his 19-year-old adopted son, Deepak, at Karawal Nagar Police Station in 2018.
In its July 1 judgment, the court observed: “Custodial death is not merely an individual tragedy but a matter of systemic concern, striking at the very foundation of the rule of law. When a person is deprived of liberty and placed in the custody of the State, the authorities assume a heightened duty of care.
Any lapse resulting in death within custody, whether attributed to violence, negligence, unexplained circumstances or even suicide, demands judicial scrutiny, for it implicates both the dignity of the individual and the credibility of the justice system.”
Noting that Deepak’s unnatural death in custody was “undisputed”, the court said the only issue before it was whether such a death attracted the State’s liability to pay compensation. It clarified that it was not required to determine the precise cause of death or adjudicate allegations of custodial violence or foul play.
In his petition, Shyam Sunder alleged that police negligence led to his son’s death. He claimed a stole and two blades found in the lock-up were planted later to create the appearance of suicide.
According to the petition, Deepak was arrested on January 15, 2018, from the Karkardooma Court premises.
The petitioner alleged that when he went to meet his son, he was illegally detained in the lock-up for several hours, assaulted, threatened by a sub-inspector and a constable, and asked to pay about `30,000 to secure his son’s release. The following morning, he said, a local politician called to inform him that Deepak had taken his own life in police custody.
The post-mortem report recorded the cause of death as “asphyxia due to ante-mortem hanging.”
The Case
Petitioner’s son Deepak died at Karawal Nagar police station in 2018. He claimed police demanded `30,000 for his son’s release and police negligence led to his son’s death, which was made to look like suicide
What HC said
Custodial deaths are protected under Article 21
Death in custody strikes at rule of law
When a person is placed in the custody of the state, the authorities assume a heightened duty of care
Any lapse, whether attributed to violence, negligence, unexplained circumstances or even suicide, demands judicial scrutiny
