New Delhi, July 2 (IANS) The Delhi High Court has directed the city government to pay Rs 18.44 lakh as compensation to the adoptive father of a 19-year-old man who died by suicide in police custody, holding that an unnatural custodial death, even if by suicide, attracts public law liability for violation of the fundamental right to life under Article 21 of the Constitution.

In a judgment delivered on Wednesday, a single-judge Bench of Justice Sachin Datta held that the state, as custodian of life and liberty, bears an absolute duty to ensure the safety of persons in its custody and cannot escape liability merely because the death was by suicide.

“The very fact of custodial death, being unnatural, attracts liability and obliges the court to mould relief in the form of compensation,” the Delhi High Court said.

The writ petition was filed by Shyam Sundar seeking compensation for the custodial death of his adopted son, Deepak, who died on January 16, 2018, while lodged at Karawal Nagar Police Station after being arrested in connection with an FIR.

According to the petitioner, he and his son were allegedly assaulted by police personnel after the arrest, who also demanded Rs 20,000-30,000 for securing the latter’s release.

The following day, the petitioner was informed that his son had allegedly committed suicide in custody. He was declared “brought dead” at Guru Tegh Bahadur Hospital.

A post-mortem conducted by a medical board attributed the cause of death to “asphyxia due to ante-mortem hanging”.

The Delhi government opposed the plea, arguing that compensation is not an automatic consequence of every custodial death and that the issue should be governed by the statutory framework under Section 357A of the Code of Criminal Procedure and the Delhi Victim Compensation Scheme.

Rejecting the contention, Justice Datta held that compensation for custodial deaths flows directly from the violation of Article 21 and is distinct from statutory remedies.

“It is well settled that when a person is in custody, he does not lose his fundamental rights guaranteed under Article 21 of the Constitution and the state assumes an absolute and inalienable duty to protect his life and dignity. An unnatural death in custody, even if by suicide, is not a private act divorced from state responsibility, but reflects an omission of duty on the part of those charged with safekeeping,” the Delhi High Court said.

It added that the state “cannot escape responsibility by invoking statutory schemes or by contending absence of direct culpability”.

The Delhi High Court observed that custodial death is “not merely an individual tragedy but a matter of systemic concern, striking at the very foundation of the rule of law”.

“When a person is deprived of liberty and placed in the custody of the state, the authorities assume a heightened duty of care. Any lapse resulting in death within custody, whether attributed to violence, negligence, unexplained circumstances or even suicide, demands judicial scrutiny, for it implicates both the dignity of the individual and the credibility of the justice system,” the judgment said.

Taking the deceased’s monthly income at Rs 12,000, adding 40 per cent towards future prospects and applying the multiplier of 18, Justice Datta calculated the total compensation at Rs 18,44,400, including conventional amounts towards funeral expenses and loss of estate.

“The state, as custodian of life and liberty, is bound to compensate the next of kin for the infringement of fundamental rights under Article 21. The entitlement of the petitioner to compensation is thus beyond dispute,” the Delhi High Court said. Directing the authorities to pay the compensation amount within eight weeks, Justice Datta disposed of the writ petition.

–IANS

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