HC orders relief in custodial death

The court also directed the Nagaland home secretary to ensure fair and speedy investigation of the case and directed that the investigation of the case be completed within four months.

The 14-year old boy Chubayanger, a student of Class VII of the Mission School, Dimapur had come home during his school holidays at Chungtia village of Mokokchung district when the police led by the then superintendent of police J Bendeangtoshi and inspector T Tali visited the village in search of the boy8217;s elder brother Wabang Toshi in January 1994.

Toshi, who was wanted by the police, was notpresent in his house and the police picked up Chubyanger who was allegedly severely beaten up by police to elicit information about the whereabouts of his elder brother. Chubyanger consequently died in police custody.

Senti Suba and Panger Naken of Chungtia village filed a public interest litigation in the high court seeking compensation for Chubayanger8217;s death and a judicial inquiry to identify and fix responsibilities on the involved police personnel.

The petitioner8217;s counsel Ranjan Gogoi and Hrishikesh Roy argued that since Chubyanger8217;s death occurred in police custody due to police action, the Nagaland Government should pay compensation and that responsibility should be fixed on the concerned police officer after making an appropriate inquiry into the case.

Counsel for the Nagaland Government A R Barthakur and A K Bhattacharya argued that the police were only doing their duties and the young boy died due to a fall from a hill top when he tried to escape.

Chief Justice Kumar and Justice D NChowdhury pointed out in their judgment that the fact that Chubyanger was taken into police custody was not in dispute and that he died while he was in their custody.

The court, however, did not fix responsibility on any specific police personnel and directed a proper investigation as despite a registration of a case by Mokokchung police no investigation was made.

Accordingly, court directed payment of compensation to be paid by Nagaland Government which may be recovered later from the police officer, once they are identified.