The Orissa High Court has directed the State Government to pay Rs 5 lakh interim compensation to the legal heirs of a victim of custodial killing and ordered realisation of the compensatory sum from salary of the accused policemen.
“Compensation is not a substitute for accountability. It is equally important to ensure that those responsible for custodial killings are brought to justice. This includes conducting thorough and impartial investigations, prosecuting those responsible and implementing systemic changes to prevent such incidents in the future”, the single-bench judge of Justice Dr S K Panigrahi observed while ordering interim compensation to the bereaved family.
This Court feels that in the facts and circumstances of the case, it is necessary that the heinous acts of the alleged perpetrators, who are ironically the ‘public servants’ be brought to light.
According to the case records, on 17 July 2015, Makhunu Bag (54) resident of Dekulba village in Bargarh district was summoned to Bheden Police Station in connection with a crime allegedly committed by his son. Bag did not return since and his whereabouts were not known. On 24 September 2015, the skeletal remains of the missing man were retrieved from the Panichhapar jungle near the Metakani temple in Subarnapur district. A DNA test also confirmed the identity of the skeletal remains.
A case was registered by the police under Sections 302/201 IPC against the Bheden police against the complaint which alleged that the police had killed his father by subjecting him to physical torture. The alleged occurrence of the victim’s demise within the confines of the said police station’s custody during the late hours of 18 August 2015 was documented in the chargesheet. The chargesheet also suggests the subsequent relocation of the deceased’s body by the accused police personnel, purportedly to facilitate the concealment of evidence.
“The circumstances surrounding the death of the individual are indeed horrifying. This is not merely a case of custodial death, but one that involves a chilling disregard for human life and the principles of justice. The police, who are entrusted with the duty to protect citizens and uphold the law, appear to have grossly violated their mandate in this instance. Such actions pose a grave threat to the rule of law”, Justice Panigrahi noted in the judgment.
A full compensation cannot be granted without the completion of trial and complete examination of the circumstances of the death. It would be reasonable, at this stage, to award an interim compensation to take care of the necessary expenses of the petitioner and his family, the Court said.
This Court, deems it fit to award compensation of Rs 5 lakh to be paid by the State Government to the legal heirs of the victim and that the said amount is further directed to be recovered from the salary of the police personnel, who were prima facie found by the Government to be responsible for the death and against whom, the Government have ordered prosecution and departmental action.
The said amount shall be deposited by the State in the trial court within six weeks from the date of presentation of this order.
The State of Odisha is directed to take proactive measures to follow the investigation with an expedited and efficient trial as well as the disciplinary proceedings against those who are responsible for the death of Makhunu Bag and order accordingly, the Court concluded.