Custodial violence unacceptable, abhorrent, causes fear in society: Supreme Court

SC said when the protector of people adopts brutality, it is a matter of great public concern

The Supreme Court has said custodial violence is abhorrent and not acceptable in the civilised society, as the beating of a person in the police station is the concern for all and causes a sense of fear in the entire society.

"People go to the police station with the hope that their person and property will be protected by the police and injustice and offence committed on them shall be redressed and the guilty be punished," a bench presided over by Justice Ashok Bhushan and comprising Justice Ajay Rastogi said

However, the court said, when the protector of people and society himself adopts brutality and inhumanly beat the person who comes to the police station, it is a matter of great public concern.

The court directed two accused policemen from Odisha, Pravat Chandra Mohanty and Pratap Kumar Choudhury, to pay higher compensation of total Rs 7 lakh to a man who died of injuries sustained during beatings in a police station in 1985. The compensation was in addition to the direction by the High Court, which ordered them to pay Rs 3 lakh to the legal heirs of the deceased.

"The offence committed by the accused is a crime not against the deceased alone but was against humanity and clear violations of rights guaranteed under Article 21 of the Constitution," the court said.

Dealing with the appeal filed by two retired police officers, the bench, however, reduced their sentence from one year to six months, keeping in mind the fact that they were above 75 years of age.

The court rejected their contention for compounding of the offence, "which affect the public in general and create fear are serious of nature".