- (1.) Two Civil Writ Petition Nos.11653 of 2008 (Hawa Singh a nd another Vs. T he State of Haryana and others and 65 of 2010 ( G eeta Vs. S tate of Haryana and others), have been filed to claim compensation for custodial death of two persons taken in custody by police together. They both have died while in custody and accordingly parents of the deceased in one case and widow of the second deceased have approached this Court not only for seeking investigating of these custodial deaths but also for grant of compensation.
(2.) The issue of award of compensation by public law proceedings, thus, would arise in these cases. Virender Kumar aged 16 years son of the petitioners (in Civil Writ Petition No.11653 of 2008) was statedly an artist working in Haryana movies. As per the allegation, Virender Kumar was illegally picked up at 11.30 A.M on 11.8.2007. He expired at P.G.I., Chandigarh, on 13.8.2007. As per post mortem report, the cause of his death was due to consumption of 'CELPHOS'. No intimation was given to the petitioners about the arrest of their son. Petitioner No.1 learnt about the same on 15.8.2007. He then visited the office of the then A.D.C., Kaithal on 16.8.2007 and learnt that his son had expired in P.G.I on 13.8.2007. The petitioners prayed for investigating the case to ascertain the cause of death and visited the office of respondent No.2 on 10.9.2007. The petitioners would complain that their request for investigation into this custodial death was not properly attended to. Rather, no action was taken in this regard.
(3.) The petitioners have not properly averred facts leading to the death of their son. May be, it is the counsel who could have been little elaborate in this regard. Some details, however, would emerge from the contents of the reply, which is filed in response to notice of motion issued on 10.7.2008. Ofcourse, these details are projected from police angle. In the reply, reference is made to the enquiry conducted by Additional Deputy Commissioner, Kaithal and the report submitted by him to the Deputy Commissioner on 8.8.2008.;