- (1.) This is a petition under Article 32 of the Constitution read with Article 21 seeking compensation for custodial death. One M.A. Rasheed, a lawyer by profession, had gone to Bangalore for professional work from Kerala when he was abducted and done to death by 222 the police officials of the State of Karnataka. The deceased had gone to Bangalore in connection with a civil case pending against respondent No.3 - Mr. R.L. Jalappa - the then Home Minister of the State of Karnataka. While he was there he was picked up by the police, whisked away and later his dead body was found near the railway track in Salem (Tamil Nadu). Respondents 4, 5 and 6 including Jalappa were prosecuted but the latter was acquitted while the three others were convicted and we are told that an appeal is pending against conviction. We, therefore, do not propose to say anything which would prejudice their case in appeal. But the fact remains that Rasheed was brutally done to death. Had it not been for the persistent efforts of the members of the Bar at Bangalore, the proposed investigation would not have commenced. Thanks to the cause espoused by the Bar, Jalappa, the then Home Minister, was forced to resign and pursuant to the Courts order the CBI was put in charge of the investigation and ultimately the suspects were brought to book. As stated earlier, respondents 4, 5 and 6 have since been convicted.
(2.) The deceased Rasheed was a promising young Advocate and has left behind his wife, a daughter and two sons all of whom were minors when the incident occurred. The wife is aged 33 years; the daughter is aged about 14 years and the sons are 16 and 18 years of age and the responsibility to look after the I minor children has fallen on the widow of the ? deceased.
(3.) The deceased, as per the evidence placed on record was earning about Rs. 5,000/ - per month. The family can be divided into eight units; two units for adults and one unit for minor. Since, by now the son must have attained majority, we have treated him as an adult for the purposes of working out the units. If the income of Rs. 5,000/- is multiplied by 12, it comes to Rs. 60,000/- and if the same is divided into eight units the amount works out to Rs. 7,5000/- per unit. If two units of the deceased are deducted the balance that remains is Rs. 45,000/- and if the same is multiplied by a multiplier of 16 years purchase factor, the total amount comes to Rs. 7,20,000/-. To that we may add an amount of Rs. 30,000/- by way of loss of estate and round up the figure at Rs. 7,50,000/-. The state deposit the compensation amount with the Registrar of the High Court, who would Invest the sum of Rs. 7,00,000/- In a long term fixed deposit In a scheduled Bank and will ensure that the fixed deposit carries a term of payment of interest quarterly to the widow who Is charged with the duty to look after the minors, their education, marriage, etc. The balance money of Rs. 50,000/- may be paid to her by cheque drawn In her name to enable her to meet Immediate liabilities. The state deposit the compensation amount with the Registrar of the High Court, who would Invest the sum of Rs. 7,00,000/- In a long term fixed deposit In a scheduled Bank and will ensure that the fixed deposit carries a term of payment of interest quarterly to the widow who Is charged with the duty to look after the minors, their education, marriage, etc. The balance money of Rs. 50,000/- may be paid to her by cheque drawn In her name to enable her to meet Immediate liabilities. That is the amount of compensation which would be payable to the legal representatives of the deceased. We would leave it to the State of Karnataka whether or not it would like to deduct the ex-gratia payment from this amount.;