Delhi Victims Compensation Scheme Permits Grant Of Compensation In Case Of Custodial Deaths: DSLSA Tells Delhi High Court

On being informed that the Delhi Victim Compensation Scheme, 2018 permits the grant of compensation in case of custodial deaths, a Single Bench of Justice Pratibha M. Singh ordered,

"the DSLSA ought to process the Petitioner's application, and prayer for compensation under the Delhi Victims Compensation Scheme, 2018… The DSLSA may put in motion the procedure for determining the compensation, considering the fact that the deceased lost his life in judicial custody."

It is made clear that a decision on this issue has to be taken by the Authority within a period of two weeks and has to be communicated to the Court on May 25.

Background

The instant petition was being filed by the wife of the deceased, an alleged thief, seeking compensation of Rs.1 crore for his custodial death.

She submitted that the deceased was subjected to torture by the police and even the Metropolitan Magistrate had recorded that his physical condition was not good. However, he was remanded to judicial custody on the pretext that he was beaten up by the public, where he passed away the next day.

During the course of hearing, the Court observed that the status report filed by the Delhi Government is "lacking materials particulars" and is "sketchy". Moreover, it did not mention any policy, which the State has in respect of compensation in the event any undertrial passes away while in judicial custody.

Therefore, notice was issued to Delhi State Legal Services Authority which submitted that the Delhi Victim Compensation Scheme, 2018, permits the grant of compensation in case of such deaths.

The DSLSA stated that if there is a loss of life in judicial custody, the legal heirs/dependents of the deceased would be entitled to compensation, which would to a minimum of Rs.3 lakh and maximum of Rs.10 lakhs.

The Authority further informed the Court that no application for compensation was received by it on behalf of the Petitioner.

At this juncture, the Petitioner submitted that none of the documents relating to the deceased's death in judicial custody were supplied to the Petitioner and hence, she was unable to claim compensation.

The Court has now directed the Delhi Government to provide all documents pertaining to death of Petitioner's husband, i.e. MLC, post mortem report and other documents such as charge sheet, trial records, etc., within one week, to enable the DSLSA to process the application.

Case Title: Ruvee Parveen v. State of NCT of Delhi & Ors.

Click Here To Download Order

Read Order