Last date for submission of Memorials: 18-10-2019

Moot Court Problem : Semester End Examination

5th Semester BBA.LLB : 2019-2020

Course Teacher: Dr. Prof. Nagaraja V

This writ petition has been filed before the Supreme Court of Bhartia against the State of
Karunad with the prayer to award Rs. 25,00,000/- compensation to the petitioner on account
of death of her husband (hereinafter referred to as 'deceased') in jail as a prisoner.

The facts giving rise to the present case are that the First Information Report was lodged
against the husband (Lalmohan who is deceased) of the petitioner (Bhagya, aged about 22
years, residing at XYZ Layout, Byangus) at Case Crime No. 25/2018 under section 302,
34,and 201of B.P.C.. The petitioner was arrested by the Byangus police of the concerned
police station and he was sent to District Jail, Byangus on 20-5-2018. The trial followed and
ultimately the deceased was convicted on 12.06.2019. The deceased continued as a prisoner
in the jail. All of a sudden, the deceased died in prison by hanging on 25.07.2019. The
complaint was made and the District Magistrate directed for holding magisterial enquiry into
the matter and the enquiry report was submitted by the concerned authorities, found jail
authorities guilty of custodial death of the deceased, although it was found that
the death had occurred as a result of hanging.

On the basis of the enquiry report, a complaint was also made to the Human Rights
Commission and the Human Rights Commission has proceeded to award compensation to the
tune of Rs.2 lakhs to the petitioner.

The learned counsel for the petitioner submits that since it is a custodial death and in series
of cases decided by the Supreme Court and other courts, if custodial death has taken place,
compensation has to be awarded on higher side and therefore, petitioner is also entitled for
the compensation to the extent of Rs. 25 lakhs with interest at the rate of 12% per annual
from the date of petition till realisation of the compensation as he was about 26 years of age
at the time of death.

The fact remains that the husband of the petitioner was in the jail while he died, therefore, it
is presumed that it is a custodial death. Article 21 and 22(1) & (2) of the Constitution of
Bhartia are the main factors of the case.
Supreme Court Cases, Chairman, Legal Aid Services addressed a letter to the Chief Justice
of Bhartia drawing his attention to certain news items published in newspaper
regarding deaths in police lock-ups and custody and submitted that it was imperative to
examine the issue in depth and to develop "custody jurisprudence" and formulate modalities
for awarding compensation to the victim and/or family members of the victim for atrocities
and death caused in police custody and to provide for accountability of the officers
concerned and it was requested that letter be treated as writ petition under Public Interest
Litigation category. Considering the importance of the issue raised in the letter, the Hon'ble
Supreme Court issued notices to the respondents.

The counsel of the State made an objections that, there is no way it is custodial death. It is
only a suicide committed by the husband of the petitioner. There is no evidence to state that it
is custodial death. No authority is liable for this cause. Hence the point of awarding
compensation does not arise. Therefore, respondents prayed that the petition shall be
dismissed.

Writ petition No.145/2019 is pending before the supreme court of India.

Points for consideration: (Issues)

1. Whether the death of the husband of the petitioner is a custodial death?

2. Whether the State is violated the fundamental rights of the petitioner?
3. Whether the petitioner is entitled to get compensation from the Respondent?
4. Whether this court can give directions to the State Government to take action against
the concerned authorities in this case. If yes. What action?

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