Nilabati Behera vs. State of Orissa and Others|| Case Summary|| (1993) 2 SCC 746||Custodial Death

Custodial Death

FACTS

Suman Behera, a 22-year-old, was arrested by the Orissa police on December 1, 1987, at 8 a.m. for suspected theft and detained at the Jaraikela police outpost. The next day, his body was found on a railway track with multiple injuries, indicating an unnatural death. His mother, Nilabati Behera, wrote to the Supreme Court, alleging that Suman died due to custodial torture. The court treated her letter as a writ petition under Article 32. The State of Orissa claimed Suman escaped custody at 3 a.m. on December 2, 1987, and died in a train accident. An inquiry by the District Judge of Sundergarh, ordered by the Supreme Court, found that Suman died from injuries inflicted in custody.

ISSUES

1. Was Suman Behera’s death a result of custodial torture, violating his fundamental right to life?

2. Can constitutional courts award monetary compensation for violations of fundamental rights under Articles 32 and 226?

RELEVANT LAWS

1. Article 21 of the Indian Constitution: Guarantees the right to life and personal liberty, stating that no person shall be deprived of these rights except according to the procedure established by law.

2. Article 32 of the Indian Constitution: Empowers individuals to approach the Supreme Court directly for the enforcement of fundamental rights, allowing the court to provide remedies like compensation.

3. Public Law Remedy: Constitutional courts can award compensation for violations of fundamental rights by the state, distinct from private law remedies under tort law.

JUDGEMENT

The Supreme Court in Nilabati Behera vs. State of Orissa (1993) ruled that Suman’s death was a custodial death due to police brutality, violating his right to life under Article 21. The court rejected the state’s claim of escape, citing lack of evidence of a search, delayed police response, and medical evidence showing injuries from blunt force trauma, not a train accident. The court held that constitutional courts can award compensation under Articles 32 and 226 for such violations, establishing state accountability. The State of Orissa was ordered to pay Rs. 1,50,000 to Nilabati Behera and Rs. 10,000 to the Supreme Court Legal Aid Committee, and to initiate criminal proceedings against the responsible officers.

Vinita Pathak