Chandrika Singh v. State of UP (Allahabad High Court 2007)

Introduction

This is a notable case that was heard in the Allahabad High Court of Uttar Pradesh, India, in the year 2007. The case revolves around the issue of custodial violence, a prevalent concern in India’s criminal justice system. The petitioner, Chandrika Singh, had filed a writ petition in the High Court, seeking compensation for the physical and mental trauma he had suffered due to custodial violence inflicted upon him by the police. The case drew attention to the issue of police brutality and highlighted the need for effective measures to prevent such incidents from happening in the future. The judgment delivered by the High Court in this case sets an important precedent for holding law enforcement agencies accountable for custodial violence and ensuring justice for victims of such acts.

Background

The background of Chandrika Singh v. State of UP dates back to the year 1996 when the petitioner, Chandrika Singh, was arrested by the Uttar Pradesh police on the charges of murder. He was taken into police custody for interrogation and was subjected to brutal torture, which resulted in serious injuries and permanent disability. Chandrika Singh alleged that he was hung upside down, beaten with sticks, and subjected to electric shocks, among other forms of torture, by the police officials. He was later produced before a magistrate and was sent to judicial custody.

Chandrika Singh filed a complaint with the National Human Rights Commission (NHRC), seeking compensation for the physical and mental trauma he had suffered in police custody. The NHRC ordered an inquiry into the matter, and the report submitted by the inquiry committee corroborated Chandrika Singh’s allegations of custodial violence. The NHRC recommended that the state government pay a compensation of Rs. 3 lakhs to Chandrika Singh for the violation of his human rights.

However, the state government did not comply with the NHRC’s recommendations, and Chandrika Singh filed a writ petition in the Allahabad High Court in the year 2001, seeking compensation and other reliefs. The case went through several rounds of hearings, and finally, in 2007, the High Court delivered its judgment in favor of Chandrika Singh, ordering the state government to pay a compensation of Rs. 5 lakhs to him. The case became a landmark judgment in the fight against custodial violence and police brutality in India.

Fact

Chandrika Singh was arrested by the Uttar Pradesh police in 1996 on the charges of murder and was taken into police custody for interrogation. During his custody, Chandrika Singh was subjected to brutal torture, including being hung upside down, beaten with sticks, and subjected to electric shocks, among other forms of torture. Chandrika Singh sustained serious injuries and was left with permanent disabilities due to the torture he endured in police custody.

Chandrika Singh filed a complaint with the National Human Rights Commission (NHRC), seeking compensation for the physical and mental trauma he had suffered in police custody. The NHRC conducted an inquiry into the matter and submitted a report that corroborated Chandrika Singh’s allegations of custodial violence. The NHRC recommended that the state government pay a compensation of Rs. 3 lakhs to Chandrika Singh for the violation of his human rights, but the state government did not comply with the recommendations.

Chandrika Singh then filed a writ petition in the Allahabad High Court in 2001, seeking compensation and other reliefs. The case went through several rounds of hearings, and in 2007, the High Court delivered its judgment in favor of Chandrika Singh. The court held that the state government was liable for the custodial violence inflicted upon Chandrika Singh and ordered it to pay a compensation of Rs. 5 lakhs to him. The court also directed the state government to take measures to prevent such incidents from happening in the future

Issue Raised

Whether the state government was liable for the custodial violence inflicted upon Chandrika Singh by police officials while he was in their custody for interrogation

Contentions

Petitioner, Chandrika Singh, argued that the state government should be held accountable for the actions of the police officials who had tortured him in custody, and that he was entitled to compensation for the violation of his human rights.

State government, on the other hand, argued that it could not be held liable for the actions of individual police officials who had acted outside the scope of their duties. The state government further contended that the police officials who had tortured Chandrika Singh were acting on their own and not under the orders of the state government.

Judgment:

Allahabad High Court held that the state government was liable for the custodial violence inflicted upon Chandrika Singh by police officials while he was in their custody for interrogation. The court ordered the state government to pay a compensation of Rs. 5 lakhs to Chandrika Singh for the violation of his human rights.

The court noted that the evidence produced in the case clearly indicated that Chandrika Singh had been subjected to brutal torture while in police custody. The court held that the state government had a duty to protect the fundamental rights of citizens, including the right to life and personal liberty, and that it had failed to discharge this duty in Chandrika Singh’s case. The court emphasized that the state government could not abdicate its responsibility by claiming that the police officials who had tortured Chandrika Singh were acting on their own.

The court also held that the state government was vicariously liable for the actions of its employees, i.e., the police officials who had tortured Chandrika Singh. The court noted that the state government had failed to take effective measures to prevent acts of police brutality and custodial violence. The court ordered the state government to take measures to prevent such incidents from happening in the future, including by conducting regular training programs for police officials on human rights and the use of force.

CONCLUSION

This case was a landmark ruling that highlighted the issue of custodial violence and police brutality in India. The case established important precedents for holding law enforcement agencies accountable for acts of police brutality and emphasized the need for systemic reforms to prevent custodial violence.

The court’s decision in this case reaffirmed the importance of protecting the fundamental rights of citizens, including the right to life and personal liberty, and holding state authorities accountable for violations of human rights. The judgment also emphasized the need for regular training programs for police officials on human rights and the use of force.

The court’s decision to award compensation to Chandrika Singh sent a strong message to law enforcement agencies and the state government about the consequences of custodial violence and the importance of upholding the rule of law. The case remains an important milestone in the fight against police brutality and custodial violence in India, and serves as a reminder that the state must take effective measures to prevent such incidents from happening in the future.

This article is written by Harshit Yadav of Chanderprabhu Jain College of Higher & School of Law, an intern under Legal Vidhiya.