High Court’s Landmark Decision: State Held Responsible for Death in Dhamtari Police Custody

Digital Desk

The Chhattisgarh High Court has taken a strict stance on the death of an accused in police custody in Dhamtari district, terming it an instance of “custodial brutality.” The court clearly stated that the incident is the responsibility of the state and that the victim’s family must be compensated. The court ordered financial assistance of ₹3 lakh to the deceased’s wife and ₹1 lakh each to his parents.

Death Within Three Hours, 24 Injuries on the Body
The case dates back to March 2025, when 41-year-old Durgendra Katholiya, arrested on charges of fraud, died in Dhamtari police custody. He was produced before the Chief Judicial Magistrate at 5 pm on March 31, appearing completely healthy. However, just three hours later, at 8 pm, he was found dead.

The post-mortem report recorded 24 pre-mortem injuries on his body, including severe marks on the face, chest, thighs, knees, and nose. The medical board identified the cause of death as asphyxia (suffocation).

Allegations of Torture, Family Demands Justice
The deceased’s wife Durga Devi, mother Sushila, and father Laxman Sonkar alleged that the police subjected Durgendra to third-degree torture, leading to his death. The family approached the High Court seeking justice and compensation.

Initially, the police informed the family that the accused had fallen ill and was admitted to a hospital, but later it was revealed that he had already died. Upon receiving the body, the family protested at the police station and filed complaints with senior officials.

State’s Defense Rejected by Court
The state government argued in court that the death was due to natural causes and that the injuries on the body were old. However, the division bench of Chief Justice Ramesh Kumar Sinha and Justice B.D. Guru rejected the state’s claim, stating, “A death in custody within just three hours is extraordinary. Whether the injuries are minor or severe, the state cannot evade responsibility.”

Strong Remarks by High Court
The court noted that this case is a direct violation of Article 21 of the Constitution (right to life and personal liberty). “This is clearly an example of custodial brutality and inhumanity by the police,” the court said. It also emphasized strict adherence to the guidelines laid down in the Supreme Court case D.K. Basu vs. State.

State Ordered to Pay Compensation Within Eight Weeks
The High Court directed the state government to pay ₹3 lakh to the deceased’s wife and ₹1 lakh each to his parents within eight weeks. If the payment is delayed, it will accrue 9% annual interest. The court also instructed the Secretary of the Home Department to personally ensure timely payment and to take measures to prevent such incidents in the future.

Need for Sensitivity Towards Human Rights
The court observed that such incidents undermine public trust in the police and administration. The state must make its police force more sensitive to human rights and civil liberties so that no individual suffers inhuman treatment while in police custody in the future.