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In Custodial Death Cases, Compensation can be granted under Delhi Victims Compensation scheme
Delhi State Legal Services Authority informed the Delhi High Court that Delhi Victims Compensation Scheme authorises the allowance of compensation in case of Custodial Deaths in the case of Ruvee Parveen v. State of NCT of Delhi & Ors.
The petitioner filed a petition before the Delhi High Court seeking compensation of Rs. 1 crore for the Custodial Death of her husband. The deceased husband was arrested on 11th November 2020 based on allegations of his involvement in the theft of a vehicle. The widow of the deceased claimed that her husband was tortured by police personnel and when he was summoned before the Metropolitan Magistrate, the Magistrate recorded that he could barely stand on his feet as his physical condition was not good. However, in the remand order, the deceased was beaten up by the public. On the very next day, he passed away in judicial custody.
On 8th March 2021, The High court issued a notice demanding a status report from the Government of Delhi concerning the allegations made by the petitioner. On 24th March 2021, the government submitted the status report which High Court found unsatisfactory cause the report is "lacking materials particulars" and is " sketchy". High Court then asked for a proper affidavit. High Court also issued a notice on 13th April 2021 directing the DSLSA to file an affidavit in this case.
DSLSA submitted the status report and took the stand that "Delhi Victim Compensation Scheme, 2018, permits the grant of compensation in case of such deaths." The report stated that "if there is a loss of life in judicial custody, the legal heirs/dependents of the deceased would be entitled to compensation, which would to a minimum of Rs.3 lakh and a maximum of Rs.10 lakhs." The government stated that the victim can be granted both interim and final compensation too.
Petitioner counsel mentioned some grievances listed as under:
[1] Not a single document related to the deceased's death such as the MLC, post mortem report etc have been provided to the petitioner.
[2] Various documents are to be submitted by the victim’s family members for claiming compensation and hence the application could not be filed.
[3] The Delhi Victim Compensation Scheme, 2018, restricts the discretion to grant compensation.
[4] The compensation, given under Delhi Victim Compensation Scheme doesn't restrict the petitioner’s right to avail other available remedies.
The Court was told by DSLSA that no application seeking compensation has been received by it on the account of the petitioner. As stated by the petitioner counsel before about the non-availability of all relevant documents. The court directed the government to hand over all the documents of the case to the petitioner.
High Court listed this matter on 25th May 2021 for further hearing.
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