Custodial Death: High Court Calls It an Example of Police Brutality, Orders Compensation

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Bilaspur:
The Chhattisgarh High Court has directed the state government to pay 5 lakh in compensation to the family of Durgendra Katholia, who died in police custody, stating that it is the state’s responsibility to clarify the cause of death in such cases.

Durgendra Katholia was arrested on March 29, 2025, at Arjuni Police Station, Dhamtari, on charges of fraud. He was presented in court on March 31, fully healthy. In the evening, he was returned to police custody, and within hours, he died. The post-mortem report noted 24 ante-mortem injuries, and the cause of death was respiratory failure due to suffocation.

The court observed that the police attempted to conceal the death, and it was not natural but a result of police torture, violating Article 21 of the Constitution. Referring to Supreme Court precedents, the High Court emphasized that compensation in custodial death cases is essential.

Court’s Order:

  • 3 lakh to the wife, Durga Devi, for herself and minor children
  • 1 lakh each to the parents
  • Compensation to be paid within 8 weeks, failing which 9% annual interest will apply

The court warned the state to ensure police are sensitive to human rights and strictly follow D.K. Basu guidelines.