HC asks govt to compensate for custodial death

Indicting the Tihar Jail authorities for the incident,Justice S Muralidhar held them and the government jointly liable for the death.

“Custodial deaths in Tihar are not an uncommon phenomenon as is evident from some of the recorded cases of the Supreme Court and High Court. When such deaths occur,it is not only to the public at large that those holding custody are responsible,they are responsible also to the courts under whose orders they hold such custody,” said the judge in his Friday order.

During the argument,the police tried to shun the responsibility arguing Kumar,who worked as sewage cleaner,was an alcoholic and had history of creating nuisance and brawls. He was not tortured in custody but died in circumstances which are yet to be ascertained,they contended.

The court,however,brushed aside their argument and said the only logical and reasonable inference for his death could be that he was subjected to torture. On the question of his being an alcoholic,Justice Muralidhar said his societal status and state of mind must be understood to comprehend his habits.

“The arduous,deplorable and undignified work as a sewage cleaner perhaps explains why Kumar had to take to drinking. It is not uncommon to find those working with sewage and with corpses in mortuaries to take to (liquor) to be able to cope with the repulsive and revolting nature of their work,” he said.