Custodial Death and Compensation: Supreme Court’s Verdict in Dalbir Singh vs. State of NCT of Delhi

The Supreme Court of India, in its judgment dated August 28, 2020, addressed a significant case concerning custodial violence and compensation to the victim’s family. The case, Dalbir Singh vs. State of NCT of Delhi, revolved around the brutal custodial torture of the appellant’s son, who succumbed to injuries inflicted while in police custody. The appellant sought the release of compensation awarded under Section 357(3) of the Criminal Procedure Code (CrPC).

The key legal issue in the case was whether the compensation awarded by the trial court should be released to the victim’s father while the accused’s appeals against conviction were still pending in the High Court.

Background of the Case

The case involved a tragic custodial death that occurred in 2006. The appellant’s son was allegedly detained by the police in connection with a theft case. During his illegal detention, he was subjected to severe torture, which ultimately led to his death. An FIR was registered against several police officers under Sections 342, 332, 306, 167, 218, 220, and 302 read with 34 IPC.

The trial court found the accused police officers guilty and sentenced them accordingly. Additionally, it directed the convicts to pay compensation to the victim’s father under Section 357(3) CrPC:

• Kunwar Pal (accused police officer): Ordered to pay Rs. 1 lakh.
• SI Hindveer Singh and SI Mahesh Mishra: Ordered to pay Rs. 5 lakhs each.
• Constables Pradeep, Pushpender, and Haripal: Ordered to pay Rs. 2 lakhs each.

The compensation was deposited in court, but the High Court refused to release the amount, stating that the accused’s appeals against conviction were still pending. Aggrieved by this, the victim’s father, Dalbir Singh, approached the Supreme Court.

Petitioner’s Arguments (Dalbir Singh)

The petitioner, father of the deceased victim, argued that:

• His son was illegally detained and tortured to death, and the police officers involved were convicted after a full trial.
• He had been fighting for justice for over 14 years and had exhausted all his financial resources.
• He was 76 years old, suffering from serious ailments, and urgently needed funds for medical treatment.
• The trial court had lawfully awarded compensation, which should be released without waiting for the outcome of the accused’s appeals.
• Delaying compensation added to his suffering and denied him justice.

Respondents’ Arguments (State of NCT of Delhi & Convicted Officers)

The respondents contended that:

• The trial court’s conviction and compensation order were under challenge before the High Court.
• Compensation should not be released while the criminal appeals were pending, as the convictions might be overturned.
• If the accused were acquitted on appeal, the released compensation would be difficult to recover.
• Any decision to release compensation should be deferred until the High Court delivered its verdict.

Supreme Court’s Observations

The Supreme Court acknowledged the tragic circumstances of the case but emphasized the legal position concerning compensation. The key observations included:

• The compensation was awarded under Section 357(3) of CrPC, which allows courts to order payment to victims even in non-fine cases.
• Since the accused had filed appeals, their conviction and the associated compensation order were still subject to judicial review.
• If compensation was released and the accused were later acquitted, it would complicate matters, potentially requiring recovery proceedings.
• The legal process must be followed, ensuring that compensation is disbursed only after appeals are decided.

Important Verbatim Observations by the Supreme Court

“While we sympathize with the appellant’s suffering, we must ensure that the judicial process is respected. Compensation cannot be released while criminal appeals remain pending.”

“If we permit the release of such compensation to the appellant at this stage, it may lead to multiplicity of proceedings and unnecessary complications.”

Final Verdict

The Supreme Court ruled that:

• The High Court’s order declining compensation release was upheld.
• The appellant must wait until the criminal appeals were adjudicated.
• The High Court was requested to expedite the hearing of the pending appeals within six months.
• The appeal was dismissed but with directions for a speedy hearing.

Impact of the Judgment

This ruling has significant implications for custodial death cases and compensation jurisprudence:

• It upholds the legal principle that compensation orders remain subject to appellate review.
• It ensures that wrongful convictions do not lead to premature compensation disbursal.
• It emphasizes the need for swift adjudication of criminal appeals in cases involving victim compensation.
• It highlights the Supreme Court’s role in balancing justice for victims with procedural fairness for the accused.

The Supreme Court’s ruling underscores that while victim compensation is crucial, it must be subject to judicial safeguards to prevent undue complexities.

Petitioner Name: Dalbir Singh.
Respondent Name: State of NCT of Delhi & Others.
Judgment By: Justice Ashok Bhushan, Justice R. Subhash Reddy.
Place Of Incident: Delhi.
Judgment Date: 28-08-2020.

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