R.BANUMATHI, SHREE CHANDRASHEKHAR, JJ. - (1.) THE present writ petition is filed seeking for a direction upon the respondents to pay Rs. 4 lacs as outstanding compensation to the petitioner as directed by the National Human Rights Commission, New Delhi, (in short N.H.R.C.) for custodial death of the petitioner's husband and further seeking for a direction upon the respondents to pay a further compensation of Rs. 10 lacs to the petitioner, since Rs.5 lac compensation awarded by N.H.R.C. is inadequate.
(2.) BRIEF facts of the case are that one Rebka Topno, wife of Rawt Topno had filed a criminal case, which was registered as FIR No. 21 dated 23.2.2009 in Murhu Police Station for the offence under Section 376 IPC and the petitioner's husband, Nobel Bodra, was arrested by the Investigating Officer on 23.2.2009 and kept in the police custody. The deceased, Nobel Bodra, was subjected to custodial torture by the police officers, due to which the deceased, Nobel Bodra, died in police custody on 24.2.09 at Murhu Police Station. The deceased, Nobel Bodra, was survived by the following kins: - JUDGEMENT_65_TLJHAR0_2014.htm In FIR No. 21 dated 23.2.09, final report was filed and in the criminal case, all the witnesses have turned hostile and the co -accused, Sudarsan Ayend was acquitted. Therefore, it is the case of the petitioner that a false case was filed against the deceased only for the purpose of harassing him, as a result of which he died in the police custody on 24.2.09. After the death of the deceased, Nobel Bodra, a U.D. case was registered as Murhu Police Station case No. 1/2009 dated 24.2.09. The death of deceased, Nobel Bodra, in police custody, was also reported in various newspapers including in Prabhat Khabar (Hindi Edition) newspaper dated 25.02.09. The father of the deceased, namely, Iliyas Bodra, filed complaint before the National Human Rights Commission, New Delhi and the N.H.R.C. sent the communication stating that State of Jharkhand has paid monetary relief of Rs. five lakhs to the petitioner and that the complaint is closed since the recommendation is complied with.
(3.) THE grievance of the petitioner is that she has not been paid Rs.5 lacs as recommended by the National Human Rights Commission, New Delhi, instead she was paid Rs.1 lac through cheque. According to the petitioner, the custodial death of the petitioner's husband was due to harassment and torture while being in police custody and therefore, the respondent -State of Jharkhand is liable to pay compensation to the petitioner. The petitioner filed the writ petition seeking direction upon the respondents (i) to pay Rs.4 lacs as outstanding compensation to the petitioner as directed by the National Human Rights Commission, New Delhi, for custodial death of the petitioner's husband and (ii) to pay a further compensation of Rs.10 lacs to the petitioner as Rs.5 lcas compensation awarded by the National Human Rights Commission, New Delhi, is inadequate.;