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regular-article-logo Saturday, 04 May 2024

High Court orders Jharkhand government to pay damages in custodial death of Umesh Singh

Singh was implicated in a case related to protests against the heavy blasting in mines, which had caused damage to his house and other dwellings in the locality

Animesh Bisoee Jamshedpur Published 07.07.23, 09:25 AM
Babita Devi with her children at her house in Dhanbad.

Babita Devi with her children at her house in Dhanbad. Picture by Shabbir Hussain

Jharkhand High Court has directed the state government to pay a compensation of Rs 5 lakh to the widow of Umesh Singh, who died in police custody in 2015.

The high court also ordered the state to take departmental action against the culprit police officers in the matter.

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In the order (a copy of which is with The Telegraph) issued on Tuesday, Justice Sanjay Kumar Dwivedi said it is a "proved case" of police brutality, and questioned why the police department has not departmentally proceeded against the erring police officials, even though the CID has submitted a report exonerating them.

The court said the parameters of criminal proceedings and departmental proceedings are based on different facts and circumstances. "Accordingly, the Director General of Police, Jharkhand, Ranchi, is directed to start departmental proceedings against two of the erring police officials, on whose act, the precious life has lost and his widow wife and minor children have been left without any shelter," said the court.

On the question of compensation, the court said the state is bound to compensate for the violation of human rights as the death occurred in police custody "by the torture of the police officials".

"Considering that this is a case of public remedy and this court is competent to pass the appropriate order, sitting under Article 226 of the Constitution of India. The court directs the respondent-state through the principal secretary, department of home, Jharkhand, to pay a sum of Rs 5,00,000 in favour of the petitioners within six weeks from the date of receipt/production of this order, as compensation for the custodial death of the deceased Umesh Singh,” the bench said.

The court left it open for the state to recover the amount from the erring police officers if found guilty.

The petition was filed by Babita Devi, the wife of the deceased victim, seeking a CBI investigation into the matter and additionally a compensation of Rs 10 lakh for herself and her children.

Umesh Singh was taken into custody in June 2015, by Pawan Singh, the munshi of Ghanudih police outpost, under the directions of Harinarayan Ram, officer-in-charge of Ghanudih Outpost under Tisra police station in Jharia block of Dhanbad district, Babita Devi's counsel Shadab Ansari told the court. Umesh Singh was implicated in a case related to protests against the heavy blasting in mines, which had caused damage to his house and other dwellings in the locality.

When Umesh Singh did not return home the next morning, his family searched for him and discovered his body near Ghanuadih Joria, the court was told, adding that his body had multiple injuries, and he was only wearing undergarments. It was further submitted that the deceased's shirt was found in the police station's lockup, as confirmed by the family in a video recording.

Babita Devi lodged an FIR against Harinarayan Ram, Pawan Singh, Satendra Kumar, and unnamed police officials at Jharia police station, but the investigating officer did not record the statements of the petitioners for over a year and a half, the court was told.

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