HC compensates widow of man who died in police custody

MUMBAI: The Bombay High Court awarded a compensation of Rs 2.5 lakh to the widow of a 24-year-old man who had died in police custody at Pune.

A division bench comprising justices J N Patel and R S Dalvi directed the State to deposit the sum with the Solapur Collector within four weeks. The amount is to be deposited in RBI bonds in the name of petitioner Vaishali Gaikwad's daughter.

The sum can be withdrawn when the child attains majority and meanwhile, if there arose any financial need in the interests of the child, the petitioner could apply to the court for withdrawal of a part of the amount.

Petitioner's counsel Adv Mohite-Dhere had submitted before the court that the petitioner's husband, Harishchandra, had been taken into custody and falsely implicated for a Rs 1.3 lakh robbery
on July 23, 1998. He was beaten up and tortured, leading to cardiac arrest and his subsequent death on July 25.

The postmortem report stated that there were blood clots and blue and black marks on the entire body. Even though the report stated the cause of death as cardiac arrest, Adv Mohite-Dhere pointed out to the court that the youth was only 24 years and had no medical history of cardiac problems.

Chief Public Prosecutor Satish Borulkar opposed the petitioner's claim for Rs 5 lakh, contending that the State had agreed to pay a compensation of Rs 50,000 as it was a death in custody.

The postmortem report has stated the death occurred due to natural reasons and not torture and the compensation demand is not justified beyond what is granted, he contended.

The court was asked to consider the Human Rights Commission directions to enhance the compensation by a further Rs 50,000, which the State had agreed to pay.

The court enhanced the compensation to Rs 2.5 lakh, considering that the petitioner was an ''Aanganwadi sevika'' and had a minor daughter.