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march 1993

Supreme Court of India · 1993-03-24

SMT. NILABATI BEHERA ALIAS LALIT BEHERA (THROUGH THE vs STATE OF ORISSA AND ORS.

Citation / case number
SC 1988/70826
Court
Supreme Court of India
Petitioner
SMT. NILABATI BEHERA ALIAS LALIT BEHERA (THROUGH THE
Respondent
STATE OF ORISSA AND ORS.
Author
JAGDISH SARAN VERMA
Bench
JAGDISH SARAN VERMA

Judgment text excerpt

The Supreme Court held that the death of the petitioner's son in police custody constituted a violation of the fundamental right to life under Article 21 of the Constitution of India. The Court found that the District Judge's inquiry established that the son died due to multiple injuries inflicted while in police custody, rejecting the respondents' claim of escape and subsequent death by train. The Court awarded compensation to the petitioner and directed appropriate actions against those responsible for the custodial death, emphasizing the state's liability for ensuring the safety of individuals in custody as per Article 32 and Article 226.

SMT. NILABATI BEHERA ALIAS LALIT BEHERA (THROUGH THE vs STATE OF ORISSA AND ORS. · Niyam