‘Custodial death’ case: HC orders 5L interim relief

Cuttack: The Orissa high court has directed the state govt to pay Rs 5 lakh as ‘interim compensation’ in connection with alleged custodial death of one Makhunu Bag of Dekulba village in Bargarh district in 2015.
The single-judge bench of Justice S K Panigrahi said, “The circumstances surrounding the death of the individual are indeed horrifying and the fact that he was allegedly killed and subsequently made to disappear from the police station raises serious concerns about the conduct of the police.”
In the judgment released on April 19, Justice Panigrahi observed, “This is not merely a case of custodial death, but one that involves a chilling disregard for human life and the principles of justice.The police, who are entrusted with the duty to protect citizens and uphold the law, appear to have grossly violated their mandate in this instance. Such actions pose a grave threat to the rule of law.”
On July 17, 2015, Makhunu went missing after he went to Bheden police station to inquire about his son’s whereabouts and on September 24, his body was recovered from Panichhapar jungle near Metakani temple in Subarnapur district. After a police investigation, the officer in-charge of Bheden police station was arrested along with others and forwarded to court on murder charge. The case is pending before the trial court.
Makhunu’s younger son, Biju Bag, filed a petition seeking Rs 20 lakh compensation for his father’s death in police custody. While disposing of the petition Justice Panigrahi said, “In my opinion, a full compensation cannot be granted without the completion of trial and complete examination of the circumstances of the death. Hence, it would be reasonable, at this stage, to award an interim compensation to take care of the necessary expenses of the petitioner and her family.”