Supreme Court of India
DALBIR SINGHversusSTATE OF U.P. AND ORS.
- Citation
- 2009 INSC 98
- Decided
- 3 February 2009
- Disposal
- Disposed off
- Bench
- ARIJIT PASAYAT
Holding
Since sanction for prosecution, charge‑sheet filing and cognizance have been effected, no further direction is required and the prayer for compensation cannot be entertained pending a final determination of custodial death.
Summary
The petitioner, Dalbir Singh, filed a writ petition alleging that his 17‑year‑old son, Somvir Singh (Sonu), died as a result of custodial torture by Noida police and that the police attempted to portray the death as a suicide. The State of Uttar Pradesh responded that an FIR had been lodged, police officials were charged under IPC sections 330, 342 and 306, sanction for prosecution was granted, a charge‑sheet filed and cognizance taken. The petitioner also sought monetary compensation pending a determination of whether the death was custodial. The Supreme Court held that, because the prosecution process was already underway, no further direction could be issued at this stage and the compensation claim could not be entertained until the issue of custodial death is finally decided. Consequently, the writ petition was disposed of without any order for compensation.
Issues considered
- Whether the death of the deceased amounted to a custodial death warranting compensation under Article 21 of the Constitution.
- Whether the Supreme Court can issue further directions or order compensation when sanction for prosecution, charge‑sheet and cognizance have already been taken.
- Whether the standard of proof beyond reasonable doubt should be relaxed in cases of alleged police torture and custodial death.
Legislation cited
- Code of Criminal Procedure, 1973
- Constitution of Indias. Article 20(3), s. Article 21, s. Article 22
- Indian Penal Code, 1860s. 306, s. 330, s. 342
Subjects
custodial deathpolice torturecompensationArticle 21human rightsIPC 330IPC 342IPC 306writ petitionproof beyond reasonable doubt
Judgment
(2009] 1 S.C.R. 824
A DALBIR SINGH
V. .+-
STATE OF U.P. AND ORS.
(Writ Petition (Criminal) No. 193 of 2006)
FEBRUARY 3, 2009
B
[DR. ARIJIT PASAYAT AND ASOK KUMAR
GANGUL Y, JJ.]
Custodial Death - Writ petition alleging custodial death
c - Compensation sought - State responding that FIR lodged
and erring officials charged u/ss.330, 342 and 306 /PC,
sanction for prosecution granted and cognizance of offences
taken - Held: In view of the facts, no further direction required
at this stage - Prayer for compensation not acceptable as the
D issue as to whether the death was custodial, yet to be decided
- Penal Code, 1860 - ss. 330, 342 and 306.
Constitution of India, 1950 - Articles 21, 20(3) and 22 -
Custodial violence and torture is defiance of the rights flowing
from Constitution - Increase of such violence raises serious
E questions about the credibility of rule of law and administration
of criminal justice system - universal Declaration of Human
Rights, 1948 - Article 5.
Criminal trial - Adherence to principle of proof beyond
F reasonable doubt - In Police torture cases - Held:
Exaggerated and strict adherence to the principle in such
cases, often results in miscarriage of justice - Courts to deal
with such cases in realistic manner.
The petitioner filed the writ petition before this Court
G
alleging that his son was done to death in police custody
and the police officials were giving the death, a colour of
suicide, attempting to protect the erring police officials.
Petitioner also sought compensation.
H 824
DALBIR SINGH v. STATE OF U.P. AND ORS. 825
On notice, respondent-State stated that FIR had been A
registered and certain police officials had been charged
for commission of offences punishable u/ss. 330, 342 and
306 IPC. Sanction for prosecution had also been given.
Charge-sheet had been filed. Accused had surrendered
before Court and their bail had been rejected. B
Disposing of the petition, the Court
r ·~
HELD:1.1. The Universal Declaration of Human
Rights in 1948 which marked the emergence of a
worldwide trend of protection and guarantee of certain c
basic human rights stipulates in Article 5 that "No one
shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment". Despite this ,Pious
declaration, the crime continues unabated, though every
civilized nation shows its concern and makes efforts for D
,,lo·
its eradication. [Para 6] [831-G-H; 832-A-B]
1.2. Article 21 of the Constitution of India, 1950
mandates that no person shall be deprived of his life and
personal liberty except according to the procedure E
established by law. This sacred and cherished right i.e.
personal liberty has an important role to play in the life
of every citizen. Life or personal liberty includes a right
to live with human dignity. There is an inbuilt guarantee
~ against torture or assault by the State or its functionaries.
F
Chapter V CrPC deals with the powers of arrest of
persons and the safeguards required to be followed by
• the police to protect the interest of the arrested person .
Articles 20(3) and 22 of the Constitution further manifest
the constitutional protection extended to every citizen
and the guarantees held out for making life meaningful G
and not a mere animal existence. It is therefore difficult
.. .'.I\
to comprehend how torture and custodial violence can
be permitted to defy the rights flowing from the
Constitution. The dehumanizing torture, assault and
death in custody which have assumed alarming H
826 SUPREME COURT REPORTS (2009] 1 S.C.R.
A proportions raise serious questions about the credibility
of rule of law and administration of criminal justice
system. The community rightly gets disturbed. The cry for
justice becomes louder and warrants immediate remedial
measures. [Para 8) [832-0-H; 833-AJ
B
1.3. The diabolic recurrence of police torture resulting
in a terrible scare in the minds of common citizens that
their lives and liberty are under a new and unwarranted
peril because guardians of law destroy the human rights
... '
by custodial violence and torture and invariably resulting '
c in death. The vulnerability of human rights assumes a
traumatic torture when functionaries of the State whose
paramount duty is to protect the citizens and not to
commit gruesome offences against them, in reality
perpetrate them. [Para 9) [833-0-E]
D
-;.
Raghubir Singh vs. State of Haryana (1980) 3 SCC 70;
Gauri Shanker Sharma v. State of UP. AIR 1990 SC 709;
Bhagwan Singh and Anr. v. State of Punjab (1992) 3 SCC
249; Smt. Nilabati Behera @Lalita Behera v. State of Orissa
E and Ors. AIR (1993) SC 1960; Pratul Kumar Sinha v. State
of Bihar and Anr. (1994) Supp. 3 SCC 100; Kewal Pali (Smt.)
v. State of U.P. and Ors. (1995) 3 SCC 600; lnder Singh v.
State of Punjab and Ors. (1995) 3 sec 702 and State of M.P.
v. Shyamsunder Trivedi and Ors. (1995) 4 SCC 262, relied
-;.
F on.
2.1. Rarely in cases of police torture or custodial
death, there is any direct ocular evidence of the
complicity of the police personnel alone who can only
explain the circumstances in which a person in their
-
G custody had died. Bound as they are by the ties of
brotherhood, it is not unknown that the police personnel
prefer to remain silent and more often than not even
pervert the truth to save their colleagues - and the
present case is an apt illustration - as to how one after
H the other police witnesses feigned ignorance about the
DALBIR SINGH v. STATE OF U.P. AND ORS. 827
whole matter. [Para 10) [834-A-B] A
2.2. The exaggerated adherence to and insistence
upon the establishment of proof beyond every
reasonable doubt by the prosecution, at times even when
the prosecuting agencies are themselves fixed in the 8
dock, ignoring the ground realities, the fact-situation and
the peculiar circumstances of a given case, as in the
----... present case, often results in miscarriage of justice and
makes the justice delivery system suspect and
vulnerable. In the ultimate analysis the society suffers and C
a criminal gets encouraged. Tortures in police custody,
which of late are on the increase, receive encouragement
by this type of an unrealistic approach at times by the
courts as well because it reinforces the belief in the mind
of the police that no harm would come to them if one
prisoner dies in the lock-up because there would hardly D
be any evidence available to the prosecution to directly
implicate them with the torture. [Para 11] (834-C-E]
2.3. The courts must not lose sight of the fact that
death in police custody is perhaps one of the worst kind E
of crimes in a civilized society, governed by the rule of
law and poses a serious threat to an orderly civilized
society. Torture in custody flouts the basic rights of the
citizens recognized by the Constitution and is an affront
to human dignity. Police excesses and the maltreatment F
of detainees/under-trial prisoners or suspects tarnishes
the image of any civilised nation and encourages the men
in 'Khaki' to consider themselves to be above the law and
sometimes even to become law unto themselves. Unless
stern measures are taken to check the malady of the very G
fence eating the crops, the foundations of the criminal
• . 11_ justice delivery system would be shaken and the
civilization itself would risk the consequence of heading,
towards total decay resulting in anarchy and
authoritarianism reminiscent of barbarism. The courts
" H
828 SUPREME COURT REPORTS [2009) 1 S.C.R.
A must, therefore, deal with such cases in a realistic ...+-·
manner and with the sensitivity which they deserve,
otherwise the common man may tend to gradually lose
faith in the efficacy of the system of judiciary itself. [Para
11] [834-F-H; 835-A-B]
B
3. In view of the fact that sanction for prosecution
has been granted, charge sheet had been filed and
cognizance had been taken, no further direction at ~
present is necessary. If at any point of time, evidence
surfaces before the concerned court to show that some
c other offences appear to have been committed,
necessary orders can be passed. The prayer for
compensation is also not acceptable because that would
depend upon decision of the issue as to whether there
was custodial death. [Para 12] [835-C-D]
D
Case Law Reference:
(1980) 3 sec 10 Relied on Para 9
AIR 1990 SC 709 Relied on Para 9
E (1992) 3 sec 249 Relied on Para 9
AIR (1993) SC 1960 Relied on Para 9
(1994) Supp. 3 sec 100 Relied on Para 9 ,._
F (1995) 3 sec 600 Relied on Para 9
(1995) 3 sec 102 Relied on Para 9
(1995) 4 sec 262 Relied on Para 9
CRIMINAL ORIGINAL JURISDICTION : Writ Petition (Crl.)
G
No. 193 of 2006.
.,.,_ .
Kamini Jaiswal for the Petitioner.
Kamlendra Mishra for the Respondents.
H "
DALBIR SINGH v. STATE OF U.P. AND ORS. 829
~ The Judgment of the Court was delivered by A
DR. ARIJIT PASA VAT, J. 1. Alleging that because of
custodial torture and diabolic acts of the police officials of
Noida Police, Somvir Singh@ Sonu aged 17 =years lost his
life. He was studying in 9th standard. After dis-continuing his B
education he was helping his father, the petitioner, in his
agricultural activities .
.;.- ...
2. The petitioner had described the factual scenario to be
thus:
c
The deceased was called by his friend one Kunwar Pal
resident of Sikri PS Khurja and at relevant time residing at Telia
ghat Khurja, PS Khurja, distt. Bulandshahar at about 6 p.m. on
1st of September, 2006. He told Sonu that five persons want
.,
to purchase some property. Since he wanted to show them the D
~
land, he requested Sonu to go along with him. They took him
in the car. Since Sonu did not return till 9 PM, the petitioner and
his son who came from Faridabad started looking around for
him and at about 3.45 AM the petitioner saw that the said
Kunwar Pal came out from a lane. On enquiry about the
E
whereabout of Sonu, the petitioner was informed that Sonu had
been taken by the Police officials of Sector 20 Noida Police
Station and he gave the telephone number of one Pradeep
• constable and asked the petitioner to contact him. The
... petitioner immediately contacted on the given number and the
F
said constable told him that if he wanted to see Sonu, he had
to come to Sector 31 Police Station at 10 AM. They were not
given any further information. On trying to call up the number
again to get further details, there was no response from the
telephone or it was switched off. At about 9 A.M., the petitioner
and his son reached Sector 31 Police Station to look for the G
said constable Pradeep and were informed that he was not on
~
regular posting and that he used to visit the place occasionally.
The petitioner thereafter left Sector 20 and also called up the
house and to the utter shock and surprise was informed that
--\ the police officers from PS Phurja Dehat had come and H
'
t
830 SUPREME COURT REPORTS [2009] 1 S.C.R.
A informed the family that Sonu had committed suicide in Sector +·
20 lock up. It is only then that the family realized that said five
persons were policemen in plain clothes. On reaching Sector
20 the petitioner was informed that the dead body was lying in
the mortuary and would be sent for post mortem. The petitioner
B and his son were taken to Sector 94 Noida where they saw the
dead body of Sonu lying on a stretcher. The body was covered
with injuries, black marks and abrasions all over. It was clear
..-~ ~
that he had been badly beaten up. Blood was coming out from
the head.
c S.S.P. R.K.S. Rathore and Additonal SSP came to the
petitioner's house and tried to convince him and his family that
since Sonu was involved in a case of looting, he had been
arrested and he committed suicide while in police lock up by ......
hanging himself with his shirt. The post mortem would have to
D be conducted. In the meantime, the news of Sonu's killing ...
having reached the village there was public out cry as there was
one more death in the hands of Noida Police and the matter
appeared in the local media mainly in vernacular. The petitioner
lodged First Information Report (in short the ·FIR') with the
E police which threatened him and also tried to pressurize him
into accepting the theory of suicide. But the untimely murder of
the youngest child who was a law abiding citizen and had never
been involved in any anti social or criminal activities had lost
his life in the hands of the police and petitioner did not accept ~
F the statements, even at the cost of threat from the police.
To calm down the tempers of the villagers, an FIR was
ultimately registered alongwith two other FIRs which have also
been registered against the deceased son of the petitioner; one
for alleged loot of some mobile phone, which has now been
G
planted on the deceased and the other for attempt to suicide.
The FIR dated 2.9.2006 was registered against the unknown ..,...
police officers. All attempts by the petitioner to have an impartial
post mortem of the body of the deceased was thwarted by the
police who was insisting on the theory of the suicide by hanging
H
\,
DALBIR SINGH v. STATE OF U.P. AND ORS. 831
[DR. ARIJIT PASAYAT, J.]
with the help of shirt. The external injuries all over the body of A
-.- the deceased were not explained and in fact the post mortem
report itself is not accurate as compared with the photographs.
The petitioner and his other family members have given a
statement setting out the facts.
B
Pursuant to notice issued in this case, the State of U.P.
has filed its response. It is pointed out that the FIR has been
- --+- registered and certain police officials had been charged for
commission of offences punishable under Sections 330, 342
and 306 of the Indian Penal Code, 1860 (in short the 'IPC'). It
is stated that sanction for prosecution has been given on
c
15.10.2008 and the charge sheet had been filed on
14.11.2008. The accused persons surrendered before learned
Chief Judicial Magistrate on 14.11.2008 and their bail
applications had been rejected. Cognizance of the aforesaid
offences has been taken on 17.11.2008. D
4. Learned counsel for the petitioner submitted that it is a
clear case of custodial torture and death and by giving a colour
of Section 306 IPC, an attempt is being made to protect the
erring police officials. It is also stated that the compensation E
should be paid.
5. Learned counsel for the respondent-State on the other
hand submitted that the police after investigation has not found
any evidence of murder and therefore the charge sheet had
F
been filed. If at any stage it comes to the notice of the Court
that other offences are involved, certainly necessary orders can
be passed by the Court.
6. Custodial violence, torture and abuse of police power
are not peculiar to this country, but it is widespread. It has been G
the concern of international community because the problem
is universal and the challenge is almost global. The Universal
Declaration of Human Rights in 1948 which marked the
emergence of a worldwide trend of protection and guarantee
of certain basic human rights stipulates in Article 5 that "No one H
832 SUPREME COURT REPORTS [2009] 1 S.C.R.
A shall be subjected to torture or to cruel, inhuman or degrading .-+-
treatment or punishment". Despite this pious declaration, the
crime continues unabated, though every civilized nation shows
its concern and makes efforts for its eradication.
7. If it is assuming alarming proportions, now a days, all
B
around it is merely on account of the devilish devices adopted
by those at the helm of affairs who proclaim from roof tops to
be the defenders of democracy and protectors of peoples' +- '
rights and yet do not hesitate to condescend behind the screen
to let loose their men in uniform to settle personal scores,
c feigning ignorance of what happens and pretending to be peace
loving puritans and saviours of citizens' rights.
8. Article 21 which is one of the luminary provisions in the
Constitution of India, 1950 (in short the 'Constitution') and is a
1~
D part of the scheme for fundamental rights occupies a place of ~
pride in the Constitution. The Article mandates that no person
shall be deprived of his life and personal liberty except
according to the procedure established by law. This sacred and
cherished right i.e. personal liberty has an important role to play
E in the life of every citizen. Life or personal liberty includes a right
to live with human dignity. There is an inbuilt guarantee against
torture or assault by the State or its functionaries. Chapter V
of the Code of Criminal Procedure. 1973 (for short the 'Code')
deals with the powers of arrest of persons and the safeguards
F required to be followed by the police to protect the interest of
the arrested person. Articles 20(3) and 22 of the Constitution
further manifest the constitutional protection extended to every
citizen and the guarantees held out for making life meaningful
and not a mere animal existence. It is therefore difficult to
comprehend how torture and custodial violence can be
G
permitted to defy the rights flowing from the Constitution. The
dehumanizing torture, assault and death in custody which have ;i.
assumed alarming proportions raise serious questions about
the credibility of rule of law and administration of criminal justice
system. The community rightly gets disturbed. The cry for justice
H
DALBIR SINGH v. STATE OF U.P. AND ORS. 833
[DR. ARIJIT PASAYAT, J.]
becomes louder and warrants immediate remedial measures. A
This Court has in a large number of cases expressed concern
at the atrocities perpetuated by the protectors of law. Justice
Brandies's observation which have become classic are in
following immortal words:
B
"Government as the omnipotent and omnipresent
teacher teaches the whole people by its example, if the
Government becomes a law breaker, it breeds contempt
for law, it invites every man to become a law into himself'.
(in (1928) 277 U.S. 438, quoted in (1961) 367 U.S. 643
at 659).
c
9. The diabolic recurrence of police torture resulting in a
terrible scare in the minds of common citizens that their lives
and liberty are under a new and unwarranted peril because
J- guardians of law destroy the human rights by custodial violence D
and torture and invariably resulting in death. The vulnerability
of human rights assumes a traumatic torture when functionaries
of the State whose paramount duty is to protect the citizens and
not to commit gruesome offences against them, in reality
perpetrate them. The concern which was shown in Raghubir E
Singh's case (supra) more than two decades back seems to
have fallen to deaf ears and the situation does not seem to be
showing any noticeable change. The anguish expressed in
.A: Gauri Shanker Sharma v. State of U.P. (AIR 1990 SC 709),
... Bhagwan Singh and Anr. v. State of Punjab (1992 (3) SCC F
249), Smt. Nilabati Behera @Lalita Behera v. State of Orissa
and Ors. (AIR 1993 SC 1960), Pratul Kumar Sinha v. State
of Bihar and Anr. (1994 Supp. (3) SCC 100), Kewal Pati
(Smt.) v. State of UP. and Ors. (1995 (3) SCC 600), lnder
Singh v. State of Punjab and Ors. (1995(3) SCC 702), State
G
of M.P. v. Shyamsunder Trivedi and Ors. (1995 (4) SCC 262)
__)\ and by now celebrated decision in Shri D.K. Basu v. State of
West Bengal (JT 1997 (1) SC 1) seems to have caused not
even any softening attitude to the inhuman approach in dealing
with persons in custody. H-
834 SUPREME COURT REPORTS [2009] 1 S.C.R.
A 10. Rarely in cases of police torture or custodial death,
there is any direct ocular evidence of the complicity of the police
personnel alone who can only explain the circumstances in
which a person in their custody had died. Bound as they are
by the ties of brotherhood, it is not unknown that the police
B personnel prefer to remain silent and more often than not even
pervert the truth to save their colleagues - and the present case
is an apt illustration - as to how one after the other police
witnesses feigned ignorance about the whole matter.
11. The exaggerated adherence to and insistence upon
C the establishment of proof beyond every reasonable doubt by
the prosecution, at times even when the prosecuting agencies
are themselves fixed in the dock, ignoring the ground realities,
the fact-situation and the peculiar circumstances of a given
case, as in the present case, often results in miscarriage of
D justice and makes the justice delivery system suspect and
vulnerable. In the ultimate analysis the society suffers and a
criminal gets encouraged. Tortures in police custody, which of
late are on the increase, receive encouragement by this type
of an unrealistic approach at times by the courts as well
E because it reinforces the belief in the mind of the police that
no harm would come to them if one prisoner dies in the lock-
up because there would hardly be any evidence available to
the prosecution to directly implicate them with the torture. The
courts must not lose sight of the fact that death in police custody
F is perhaps one of the worst kind of crimes in a civilized society,
governed by the rule of law and poses a serious threat to an
orderly civilized society. Torture in custody flouis the basic
rights of the citizens recognized by the Indian Constitution and
is an affront to human dignity. Police excesses and the
G maltreatment of detainees/under- trial prisoners or suspects
tarnishes the image of any civilised nation and encourages the
men in 'Khaki' to consider themselves to be above the law and
sometimes even to become law unto themselves. Unless stern
measures are taken to check the malady of the very fence
H eating the crops, the foundations of the criminal justice delivery
DALBIR SINGH v. STATE OF U.P. AND ORS. 835
[DR ARIJIT PASAYAT, J.]
-+- system would be shaken and the civilization itself would risk the A
consequence of heading, towards total decay resulting in
anarchy and authoritarianism reminiscent of barbarism. The
courts must, therefore, deal with such cases in a realistic
manner and with the sensitivity which they deserve, otherwise
the common man may tend to gradually lose faith in the efficacy B
of the system of judiciary itself, which, if it happens, will be a
sad day, for any one to reckon with.
12. In view of the fact that sanction for prosecution has been
granted, charge sheet had been filed and cognizance had been
taken, we feel that no further direction at present is necessary.
c
It is needless to say that if at any point of time, evidence
surfaces ·before the concerned Court to show that some other
offences appear to have been committed, necessary orders can
be passed. We are not for the present accepting the prayer for
-~ compensation because that would depend upon the issue as D
to whether there was custodial death. The writ petition is
accordingly disposed of. We make it clear that we have not
expressed any opinion on the truth or otherwise of the
allegations made and which will be considered by the
concerned court. E
K.K.T. Writ Petition disposed of.
"-
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