SC Transfers Custodial Death Probe To CBI, Directs ₹25 Lakh Interim Relief

Exposing a state mechanism's attempt to cover up a fatal police brutality incident, the Supreme Court handed over a custodial death investigation to the Central Bureau of Investigation while enhancement of compensation was ordered for the deceased's family. Condemning the deliberate inaction of top state functionaries who ignored judicial inquiry findings, the apex court sent a stern message against executive complicity in custodial violence.

A bench of Justice Vikram Nath and Justice Sandeep Mehta was hearing a Special Leave Petition challenging a High Court order that had awarded a mere ₹1 lakh in compensation without directing any criminal investigation into the custodial death of an arrestee.

Court Observations and Directions

The Supreme Court expressed deep dissatisfaction with the conduct of senior state authorities who feigned ignorance regarding the judicial inquiry report. The Court noted that the deceased had been taken into custody for an offence carrying a maximum sentence of three years under Section 34(2) of the Chhattisgarh Excise Act, 1915, yet sustained fatal injuries leading to his death.

The Court, in its reasoning, observed: "The stance of blissful ignorance taken by the senior officers of the State of Chhattisgarh, including the Principal Secretary (Home); the Director General of Police and the Director General (Prisons), is sacrilegious and reflects a disturbing disregard of the statutory procedure governing custodial deaths."

The Court has following directions:

"19. Accordingly, the Director, CBI, shall forthwith ensure registration of a regular criminal case in relation to the custodial death of Shri Shravan. The investigation shall be entrusted to a senior officer of CBI and shall be conducted expeditiously. The report of the Investigating Officer shall be placed before this Court for its perusal on the next date of hearing. The conduct of the concerned State officials in failing to take appropriate steps pursuant to the submission of the judicial inquiry report shall also be duly examined and made a part of the investigation.

20. The Director General of Police, Chhattisgarh shall ensure that the complete records of the case are transmitted to the Director CBI through a special messenger within a week from today.

21. Thus, as an interim measure, we direct that compensation to the tune of Rs.25,00,000/- (Twenty-Five Lakhs Only) shall be paid by the State of Chhattisgarh to the petitioners herein. The final quantum of compensation payable to the petitioners shall be determined while adjudicating the instant petition. The interim compensation as directed above shall be paid into the bank account of petitioner No.1-Smt. Lahra Bai Tamre within a period of four weeks from today. The account details shall be furnished by learned counsel for the petitioners to learned counsel appearing for the State of Chhattisgarh within a period of seven days."

Background

The deceased was arrested on January 18, 2024, in connection with an FIR registered under Section 34(2) of the Chhattisgarh Excise Act, 1915 for possessing six litres of raw liquor. After being remanded to jail, his health deteriorated, and he succumbed to injuries on January 22, 2024. A post-mortem examination revealed multiple external antemortem injuries, including a laceration on the scalp, with the cause of death certified as cardio-respiratory arrest due to head injury caused by a blunt object.

A judicial inquiry was initiated under Section 176 of the Code of Criminal Procedure, 1973 by the Judicial Magistrate First Class, Bilaspur, which concluded that the death occurred due to complications from the head injury. Despite this report, state authorities registered no criminal case against the responsible officers.

The widow and children of the deceased approached the High Court of Chhattisgarh by filing a writ petition under Article 226 of the Constitution of India, seeking an investigation and ₹50 lakhs in compensation. The High Court granted a compensation of ₹1 lakh but failed to order an FIR or probe into the custodial death. Aggrieved by this, the legal heirs approached the Supreme Court, which directed the CBI to register a criminal case and ordered an interim compensation of ₹25 lakhs.

Case Details:
Case No.: Special Leave Petition (Crl.) No. 728 of 2026
Neutral Citation: 2026 INSC 840
Case Title: Lahra Bai Tamre & Ors. v. State of Chhattisgarh and Ors.

Source: 2026 CaseBase(SC) 770