Custodial Death – Delhi High Court Orders Rs 18.44 Lakh Compensation
Custodial Death – The Delhi High Court has directed the Delhi government to pay Rs 18.44 lakh in compensation to Shyam Sunder, whose adopted son Deepak died while in custody at Karawal Nagar Police Station in 2018. The court said an unnatural death inside a police station cannot be viewed as an isolated personal act, even where authorities describe it as suicide.
Deepak, who was 19 at the time of his death, remained entitled to constitutional protection after being taken into custody, the court said. It underlined that Article 21 of the Constitution, which safeguards life and personal liberty, continues to apply to every person held by the State.
Court Emphasises State Duty in Custody
In its judgment delivered on July 1, the High Court described custodial deaths as a serious concern for the justice system and the rule of law. It said the responsibility of the State becomes greater once an individual loses personal freedom and is placed under the supervision of police or other authorities.
The court noted that any death in custody requires close judicial examination. This applies whether the death is linked to alleged violence, neglect, unclear circumstances or suicide. According to the court, such incidents raise questions not only about the treatment of the person in custody but also about public confidence in law enforcement institutions.
The bench said the case involved an undisputed unnatural death at a police station. It clarified that the proceedings were limited to deciding whether the government could be held liable to provide compensation. The court did not examine the exact circumstances that caused Deepak’s death or rule on allegations of custodial assault or foul play.
Family Raised Allegations of Police Negligence
Shyam Sunder had approached the court claiming that police negligence contributed to his son’s death. In his petition, he questioned the circumstances in which a stole and two blades were reportedly recovered from the lock-up. He alleged that these items were introduced later to support the claim that Deepak had died by suicide.
Deepak was arrested on January 15, 2018, from the Karkardooma Court complex, according to the petition. His father also alleged that he was prevented from meeting his son freely after reaching the police station.
The petition further stated that Shyam Sunder was kept inside the lock-up for several hours when he went to see Deepak. He alleged that a sub-inspector and a constable assaulted and threatened him. He also claimed that police personnel sought around Rs 30,000 in exchange for his son’s release.
The following morning, he said he received information from a local political representative that Deepak had died in police custody.
Post-Mortem Recorded Hanging as Cause of Death
The post-mortem examination recorded the cause of death as asphyxia resulting from ante-mortem hanging. However, the High Court said the medical finding did not remove the State’s broader obligation to account for a death that occurred while the person was under police control.
The court observed that custody creates a special relationship between the individual and the State. Since police authorities exercise control over the environment, security and safety of detainees, they must take reasonable measures to prevent harm.
The compensation order reflects the court’s view that the State carries a duty of care toward people held in police custody. The ruling also reinforces that constitutional protections do not end when a person is arrested or detained.