JUDGMENT : 1. Mr. M.U. Siddiqui, Deputy Secretary appears for the respondent and states that sanctions for prosecution of the police officials concerned will be communicated to the CBI on or before 23.3.93. Mr. J.P. Varma, D.S.P. is present on behalf of the C.B.I. and states that as soon as the sanctions are received by the C.B.I., they will file the charge-sheets against the concerned police officials. Mr. Virender Kumar Bhalla, brother-in-law of the petitioner is also present. 2. Taking into consideration all the facts on record, we are of the view that the Delhi Administration should give to the petitioner Smt. Veer Bala compensation of Rs. 3,00,000/- within four weeks from today as an immediate measure. Out of the said amount of Rs. 3,00,000/-, Rs. 50,000/- shall be deposited in fixed deposit in any nationalised bank in the names of each of her minor children namely Master Aman Gupta and Ms. Divya Gupta Separately. They will be entitled to the amount deposited in their name with the accumulated interest thereon on their attaining majority. The balance amount of Rs. 2,00,000/- may he utilised by the petitioner for her maintenance as well as the maintenance of the minor children and for their education. The amount of Rs. 3,00,000/- which we have directed to be paid to the petitioner is and by way of immediate relief and is without prejudice to her right to claim higher amount of compensation in any forum that she may he advised to pursue her remedy. The petition stands disposed of. REPORT OF CENTRAL BUREAU OF INVESTIGATION IN COMPLIANCE OF THE DIRECTIONS PASSED. BY THE HON'BLE SUPREME COURT OF INDIA IN WRIT PETITION (Crl.) 728/91 1. In compliance with the directions of the Hon'ble Supreme Court, Case RC. 16(S)l 92-DLI was registered on 12.9.92 with the Special Crimes Branch, Delhi Region and investigation entrusted to a Deputy Supdt. of Police. The details of progress made in the investigation of the case were submitted in the Supreme Court on 30.11.92 and despite the best efforts, investigation could not be completed within the period of directions hence prayer was made for extension of a period of 3 months. The matter was heard in the Court on 1.12.92 and the Hon'ble Court was pleased to grant extension for a period of 3 months for investigation and report. 2. The matter was heard in the Court on 1.12.92 and the Hon'ble Court was pleased to grant extension for a period of 3 months for investigation and report. 2. During this period a number of police officials and private persons having knowledge of the incident relating to the death of Joginder Kumar in police custody on the night of 21/22.8.90 at PS Model Town, Delhi were examined. 3. As the postmortem examination on the body of late Joginder Kumar had shown as many as 7 injuries which, according to the Autopsy Surgeon, were not sufficient to cause death in ordinary course of nature and the cause of death was opined to be ischemic heart disease, a Board of Forensic Experts headed by Dr. Vishnu Kumar, Medical Supdt. LNJP Hospital, New Delhi was constituted to give opinion on the various findings of the postmortem report including cause of death. The board of the Forensic Experts opined that the external injuries on the person of the deceased Joginder Kumar could not have been caused by simple fall on ground. These could have been caused by application of, some blunt object. Regarding the injuries on inner parts of the arms the Board opined that these could have been caused by keeping the arms in abducted position. The Board further opined that the possibility of the deceased having suffered vaso-vagal attack consequent upon sustaining injuries which could have caused the death can not be ruled out. The Board further opined that the cause of death could only be proved on the basis of circumstantial evidence. Circumstances of Sh. Joginder Kumar having been detained at the Police Station and having been subjected to beatings conform to the cause of death as described by the Board. 4. Investigation also revealed that Shri Joginder Kumar had reported in the Police Station Model Town, Delhi at about 6.P.M. on 21.8.90 in connection with an anonymous telephonic threat received against him by his wife in the case relating to the murder of one Gautam Prakash of Model Town vide FIR 201/90 Under section 302 IPC of P.S. Model Town. Said Shri Joginder Kumar was made to stay in the police station during the night of 21/22.8.90 on the pretext of verification of the alleged threat received by him. Said Shri Joginder Kumar was made to stay in the police station during the night of 21/22.8.90 on the pretext of verification of the alleged threat received by him. At the time he reported at the PS, Joginder Kumar was in perfect physical health and had absolutely 3 no injuries on his person. He was removed to Hindu Rao Hospital Delhi from the Police Station at 5.00 AM on 22.8.90 and the MLC prepared by the attending Medical Examiner of Hindu Rao Hospital recorded him as `brought dead'. 5. Inquest Under section 176 Cr.P.C on the dead body of Joginder was conducted by Shri R.S. Yadav, the then Sub Divisional Magistrate, Kingsway Camp, Delhi and in his initial report 3, he only mentioned simple injuries on his person whereas the postmortem report enlisted as many as 7 external injuries. It was found during investigation that the injuries on the person of Joginder Kumar were deliberately underplayed by him in order to save the other accused persons from punishment. It is further in evidence that the wife of the deceased repeatedly requested the SDM to mention all the injuries on the person of her dead husband and he, inspite of his assuring the wife of the deceased, mentioned only 3 injuries. 6. The postmortem examination on the body of late Joginder Kumar was conducted at 3.P.M. on 22.8.90 in Civil Hospital Delhi by Dr. L.T. Ramani who enlisted 7 external injuries and also opined that the cause of death was ischemic heart disease. Thus it would he clear that the injuries on the person of late Joginder Kumar had been sustained by him before his death while he was in the custody of PS Model Town, Delhi on the night intervening 21/22.8.90. 7. However, no direct evidence in the form of an eye witness could he available during investigation to substantiate, the allegation of heating of Joginder Kumar by the accused police officials at the Police Station. 8. 7. However, no direct evidence in the form of an eye witness could he available during investigation to substantiate, the allegation of heating of Joginder Kumar by the accused police officials at the Police Station. 8. On the basis of facts and circumstances, it is proposed to prosecute the accused persons namely 1) S/Shri Jasbir Singh Malik, (A-1), the then SHO, PS Model Town, Delhi 2) Chahhi Lai Bharadwaj, (A-2), the then Sub Inspector, PS Model town, Delhi 3) Shri Bhagwan, (A-3), the then A.S.I., P.S. Model Town, Delhi 4) Ishwar Singh, (A-4), the then Head Constable, PS Model Town, Delhi and 5) Ashok KUmar (A-S), the then Head Constable, PS Model Town, Delhi in the court Under section 3041342/34 JPC. It is also proposed to prosecute Shri Chabhi Lai Bharadwaj (A-2) and Shri R.S. Yadav, (A-6), the then Sub Divisional Magistrate, Kingsway Camp, Delhi who underplayed the external injuries on the person of late Joginder Kumar in order to save the other accused persons from punishment Under section 218 r/w 109 IPC. 9. Since A-1 to A-6 are/or have been Government servants, sanction for their prosecution Under section 197 Cr.P.C. will have to he obtained from the Competent Authority. Therefore, SP's Report incorporating all the details is being forwarded to the Competent Authority for granting sanction for prosecution of A-1 to A-6 Under section 197 Cr.P.C. Immediately on receipt of sanction for prosecution in respect of A-1 to A-6 Under section 197 Cr.P.C. charge-sheet in the court of jurisdiction will be laid against them. 10. No offence was found to have been committed by Shri Purshotam Garg and hence no action is proposed against him. Sd/- 27-2-93. (Ashok Kumar) Superintendent of Police CBI : SCB : New Delhi