The Chhattisgarh High Court has directed the State Government to pay ₹2,00,000 compensation to the mother of Suraj Haththel, who died in police custody. The Court held that the death constituted a violation of fundamental rights under Article 21 of the Constitution and compensation was warranted in public law.
Background:
The case, WPCR No. 503 of 2024, was filed by Prema Haththel, mother of deceased Suraj Haththel, seeking compensation and an independent investigation into the custodial death of her son. Suraj died while in custody at Police Station Civil Line, Rampur, Korba. The State maintained that Suraj died of myocardial infarction due to pre-existing coronary artery disease and alcohol consumption.
Arguments:
The petitioner alleged that the State’s affidavit “is a calculated attempt to obscure the truth and evade accountability for the custodial torture and subsequent death of Suraj Haththel.”
She submitted that the post-mortem report revealed multiple injuries, including:
“comminuted fracture of the patellar bone,”
“penetrating lacerated wound of size 3 cm x 1 cm (gaping) x muscles/bone deep,”
and “multiple abrasions” not explainable by a simple fall, contrary to the State’s assertion.
The Court recorded the submission that:
“The State’s claim that Suraj Haththel sustained injuries due to a ‘fall on the railway line’… is implausible and unsupported by evidence.”
It was also submitted that the CCTV footage after 2:47 AM — the period when Suraj was allegedly removed from custody — was missing. The Court noted:
“The Magistrate explicitly noted that no evidence (such as electricity department records or generator logs) was produced to substantiate the alleged electricity failure.”
Observations:
Citing Nilabati Behera v. State of Orissa, the Court reiterated that:
“It is well settled now that the State is responsible for the tortuous acts of its employees.”
The Court also quoted from D.K. Basu v. State of West Bengal:
“Custodial violence, including torture and death in the lock-ups strikes a blow at the Rule of Law… committed under the shield of uniform and authority in the four walls of a police station or lock-up, the victim being totally helpless.”
Further, it observed:
“It is settled law that compensation can be awarded for violation of fundamental rights in public law domain.”
Decision:
The Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held:
“We have no hesitation in holding that the petitioner, who is mother of the deceased Suraj Haththel, is entitled to compensation for wrongful loss of his son and the State… is liable to pay such compensation to the petitioners.”
Accordingly, the Court issued a writ of mandamus:
“Directing the respondent-State to pay a compensation of Rs.2,00,000/- (Rupees Two Lakh) to the petitioner within a period of eight weeks from the date of this order, failing which this amount will carry interest at the rate of 9% per annum from the date of passing of this order.”
Case Title: Prema Haththel v. State of Chhattisgarh & Ors.
Case No.: WPCR No. 503 of 2024
