Summary
The Supreme Court modified a direction requiring the investigating officer to reimburse compensation paid by the State following an alleged custodial death. Proceedings to determine responsibility were still pending. The compensation payment remained intact, but the State’s recovery from the concerned erring officials was left open only as and when liability for the crime was fastened.
Issues
- Whether the compensation could immediately be recovered from the investigating officer before responsibility for the custodial death was determined.
Held
- Public-law compensation for established infringement of life by State servants was compensatory and distinct from punishment, with the State retaining a right to indemnification from the wrongdoer under the cited principles. (¶ 5)
- The State acknowledged pending proceedings in which responsibility for the death would be determined. Immediate recovery from the appellant was therefore modified. (¶¶ 4, 7, 8)
- The State could recover the compensation from the concerned erring officials as and when liability for the crime was fastened. The Court did not disturb the compensation already paid to the family. (¶¶ 3, 8, 9)
Result
Appeal disposed of by modifying the personal-recovery direction: State recovery permitted from the concerned erring officials when liability is fastened. Compensation already paid left undisturbed; pending applications disposed of.