SC: Convicts of Custodial Death Not to Pay Compensation as the Matter Is Pending Before the HC

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On 28 August 2020, the Hon’ble Supreme Court heard the case of Dalbir Singh v State of NCT of Delhi & Anr. The Bench comprised of Hon’ble Justice Ashok Bhushan and Hon’ble Justice R. Subhash Reddy. 

Brief Facts

The aggrieved father of a deceased who died due to custodial torture for the compensation owed to him filed the present appeal. The respondents in the present case are six police officers convicted for offences under Sections 365, 220, 167, 304 and 34 of Indian Penal Code. Subsequently, the Trial Court ordered them to pay compensation for the same to the father of the deceased. The Respondents then filed an appeal regarding the same in the High Court.

Appellant’s Arguments

The learned counsel for the applicant submitted that the deceased was a victim of custodial torture, who succumbed to the injuries suffered in lock up. He further stated that the appellant was about 76 years of age and had been fighting the case for the last 14 years. The appellant lost his son at the age of 20 years, and he has spent 14 years pursuing the case, which has led to the deterioration of his mental and physical health. Moreover, the appellant is suffering from severe ailments and is in dire need of money. 

Respondent’s Arguments

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The learned counsel of the respondent argues that the appellants are not entitled to get any compensation as the conviction was the subject matter of the appeal pending before the High Court.

Court’s Judgment

The Court did not order the respondents to pay compensation as the appeals on the same subject matter are pending in the High Court, and any Order regarding the same would lead to multiplicity of proceedings. Therefore, the Apex Court ordered the High Court to dispose of the appeal expeditiously.


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