Gujarat high court tells government; widow wins 15-year legal battle.
After 15 years of legal battle, a widow finally got justice when justice HN Devani of the Gujarat high court ordered the state government to pay her Rs1 lakh as compensation in a custodial death case.
"There is a gross negligence on the part of the police in providing proper medical treatment to the arrested person. In the first place, the husband of the petitioner [the widow] was arrested in connection with an offence which, prima facie, appears to be non-cognizable. Thereafter, he was confined in the lockup with a view to teaching him a lesson and was not produced before a judicial magistrate immediately after his arrest despite the court being available," justice Devani observed while delivering the order.
The judge further said, "Though the arrestee had complained of stomach-ache and uneasiness, steps were taken to arrange for a vehicle to take him to a hospital at a snail's pace. The inordinate delay in providing medical treatment to the arrestee resulted in his death even before the vehicle could be arranged for."
Pulling up the state government for the incident, the judge said, "In the circumstances, this court is of the view that the respondents are responsible for infringement of the fundamental rights of the arrestee and therefore, the state would be vicariously liable for the negligence caused in providing prompt medical treatment to the deceased. The petitioner is, therefore, entitled to payment of some compensation under the public law remedy under Article 226 of the Constitution of India."
Ranjan Parmar, a resident of a village near Pardi town of Valsad district, had filed a petition through advocate PK Shukla, seeking compensation for her husband, Ramesh's, death on May 7, 1995 while in police custody. Ramesh was arrested by the local police on the charge of breaching peace, in a scuffle case.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}