Delhi High Court Temporarily Halts Compensation Order for Custodial Death

In a significant legal development, the Delhi High Court has issued a stay on the National Human Rights Commission (NHRC) order that required Delhi Police to pay Rs 5 lakh as compensation to the family of Rashid Raza, who allegedly committed suicide while in police custody. The court has scheduled the next hearing for October 24.

Justice Sanjeev Narula, presiding over the matter, has called for a detailed response from the NHRC, emphasizing that the police’s challenge to the April 19 directive merits careful examination. “In light of the contentions advanced by the petitioner, the impugned order…shall remain stayed until the next date of hearing,” stated Justice Narula.

The controversy centers on the tragic incident in December 2019, where Raza was found deceased in a room at the Narela Industrial Area police station. The NHRC had previously ruled that the police were culpable for failing to safeguard Raza while he was in their care, suggesting that a more vigilant approach could have prevented his death.

In challenging the NHRC’s decision, the Delhi Police, represented by Additional Standing Counsel Prashant Manchanda, argued that Raza’s presence at the station was unanticipated as he had not notified them of his visit, which was to inquire about his wife. The police also sought an ex-parte ad-interim stay of the compensation recommendation.

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Critical to the police’s defense is the analysis of the CCTV footage presented in court, showing Raza’s movements within the police station shortly before his death. “The footage indicates that Raza was alone in the room moments before the incident, potentially absolving the police from direct responsibility for preventing Raza’s demise,” noted the court after reviewing the video evidence.

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