International Covenant on Civil and Political Rights 1966 provides for various Civil and Political Rights to every person irrespective of his nationality, caste and creed, it provides right to life, liberty and security of person. The right to life, liberty and security of person have acquired very significant place in various International Human Rights instruments.
In this case, Suman Behera age about 22 years was taken in police custody in connection with the investigation of an offense of theft and detained at police outpost. Next day his dead body was found on railway track. There were multiple injuries found on dead body, leading to the conclusion that his death was unnatural caused by those injuries which were inflicted to him while he was in police custody. The Court awarded Rs.1 50,000/- as compensation to the mother of Suman Behera.
It was observed that an enforceable right to compensation under Article 9(5) of the International Covenant on Civil and Political Rights is consistent with the concept of enforcement of guaranteed right.
According to Verma J. the award of compensation for infringement of fundamental right guaranteed by the constitution is justified;
(1) Where the award of monetary compensation is the only practicable mode of redress available for the infringement made by the State or its servant in the purported exercise their powers, and
(2) The enforcement of the fundamental right is claimed by Resort to the remedy in public law under the Constitution by recourse to Article 32 and 226 of the Constitution.