Custodial violence which leads to the death of a person is “abhorrent” and not acceptable in the civilised society, the Supreme Court on Thursday said.
The top court refused to compound the offence of two policemen, accused of assaulting a man, who later succumbed to injuries in 1988 in Odisha.
The top court said that the offence committed by the accused is crime not against the deceased alone but was against humanity and clear violations of rights guaranteed under Article 21 of the Constitution.
A bench of Justices Ashok Bhushan and Ajay Rastogi, while refusing to compound the offence under section 324 of IPC (voluntary causing hurt), enhanced the compensation to be given to the family members of the deceased.
The custodial violence on the deceased which led to the death is abhorrent and not acceptable in the civilized society, the bench said
The beating of a person in the Police Station is a concern for all and causes a sense of fear in the entire society.
The bench said that 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.
When the protector of people and society himself instead of protecting the people adopts brutality and inhumanly beat the person who comes to the police station, it is a matter of great public concern, the bench said.
The top court verdict came on a plea filed by the two accused police officers, who have since retired against the conviction upheld by the High Court and for commuting of the offence.
The accused police officer had “mercilessly beaten” up a man at a police station in Odisha leaving him grievously injured and later succumbing to his injuries.