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The jail authorities were held liable for the custodial death of government school teacher and were held liable to pay compensation of rupees 1500000 to his legal hire, held the High Court of Chhattisgarh
Vijay Kumar Dansena, a teacher at Government High School in Bilaspur was arrested on the pretenses of Section 107, 116 and 151 of Cr.PC relating to the disagreement which arose with SDM while attending a pre poll meeting. Later the death of the government teacher with reported under custody.
The Respondents argued that Vijay Kumar had a habit of drinking to extreme level and because the deceased was not able to get liquor he was outraged and caused hurt to himself. Adding to this they claimed that cannot be held liable as the negligent Act was done under the observation of few officers and were only liable to pay compensation to the Petitioners. The departmental enquiry but also recommended by the State against responsible officers and if found guilty they were to be departmentally punished.
Justice Gautam Bhaduri stated that the State machinery had failed at every step of the enquiry. There was nothing in the legislative Corpus to detain a person for more than 24 hours who is arrested under Sections 107, 116 or 151 of Cr.P C. The details of the deceased government teacher were a self evolved theory of the officers and not a factor of the statutory mandate.
And it has been clearly stated in the postmortem report the deceased was not compulsive drinker. The Magisterial Enquiry report stated that he was brutally beaten in jail which resulted to his death. The department had attempted to perjure the report and evidence placed on record to hide the liability of its officers.
Compensation of Rs. 15 lakh was awarded to the legal heirs of the deceased by citing the Supreme Court ruling in Rudal Sah vs State of Bihar and another 1983 and granted the government liability to have recourse for recovery of the said amount against the guilty of officers
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