My relative died in Ghaziabad police custody with injury marks. How do I seek justice and compensation?

Detailed Legal Analysis

To seek justice and compensation for your relative's death in police custody in Ghaziabad, you should undertake a series of legal steps that involve filing a complaint, seeking a judicial inquiry, and potentially pursuing a case for compensation.

Here are the steps you should follow:

• File a First Information Report (FIR): You should begin by lodging an FIR with the police regarding the death of your relative. This can be done at the local police station. If the police refuse to register the FIR, you can approach a higher police authority or file a complaint under Section 154 of the Criminal Procedure Code (CrPC).
• Seek an Autopsy: Request an autopsy to determine the cause of death. This should be conducted by a medical board, and you should ensure that it is recorded that there are injury marks present on the body, which may indicate foul play.
• File a Complaint with the National Human Rights Commission (NHRC): Under Section 12 of the Protection of Human Rights Act, 1993, you can file a complaint with the NHRC, which is empowered to investigate cases of custodial deaths.
• Request a Judicial Inquiry: You may petition the appropriate High Court to order a judicial inquiry into the circumstances surrounding the death. This can be done under Article 226 of the Indian Constitution, seeking directions for a fair investigation.
• Pursue a Civil Suit for Compensation: Under Article 21 of the Constitution, which guarantees the right to life and personal liberty, you can file a civil suit for compensation against the state for the wrongful death of your relative. You may refer to the landmark case of Rudul Sah v. State of Bihar (1983) where the Supreme Court awarded compensation for custodial death.
• Engage a Lawyer: It is advisable to consult a lawyer specializing in human rights or constitutional law to guide you through the legal process and help in drafting necessary petitions and complaints.

Additionally, keep detailed records of all communications, documents, and evidence related to the incident. This will strengthen your case as you seek justice and compensation for the tragic loss of your relative.