Report No. 113

Chapter 2

The Problem

2.1. The facts in the Supreme Court case.-

The facts of the case decided by the Supreme Court which has been mentioned above1 lie in a very short compass. A farmer from U.P. named Brij Lal had some difference with his neighbour. The neighbour filed a complaint against Brij Lal for the offence of cattle trespass. It appears that the complaint was unfounded and false. The police officer concerned started demanding bribe from Brij Lal for hushing up the matter and persistently repeated his demand. Ultimately, in order to escape the false charge, Brij Lal offered a sum of Rs. 100 to the constable. The constable was not satisfied with this amount and Brij Lal complained to the Superintendent of Police, who forwarded the case for inquiry to the Station House Officer, Hussainganj. Enraged at the boldness of Brij Lal, the Station House Officer, Hussainganj decided to teach Brij Lal a lesson and sent two other constables to bring him to the police station.

It was at 10.00 A.M. in the morning that Brij Lal was brought to the police station. By noon, he was in a critical condition and had to be taken in a state of shock to the Additional District Magistrate. Brij Lal could not even walk into the court room. The Additional District Magistrate went out into the varandah and found that Brij Lal had 19 injuries on his body. The Additional District Magistrate was able to record the dying declaration of Brij Lal. In the dying declaration, Brij Lal charged the Station House Officer and two police constables with having caused the injuries by beating him up while he was in police custody. Brij Lal died in the evening.

1. Para. 1.1, supra.