ISSUE:
Whether the death of Suman Behera was a case of custodial death, making the State liable under Article 21 of the Constitution?
Whether monetary compensation is an appropriate remedy under Article 32 or Article 226 for the violation of fundamental rights?
RULE:
In cases of custodial death, where a person dies while in State custody, the burden shifts to the State to provide a cogent explanation for the cause of death. Failure to do so gives rise to an inference of State liability.
The right to life under Article 21 of the Constitution is not confined to mere existence but includes the right to live with dignity and protection from torture or inhuman treatment, even in custody.
The defense of sovereign immunity is inapplicable in cases where the violation of fundamental rights is established. The doctrine has no place when the State is liable for the deprivation of life or liberty.
Monetary compensation is an appropriate public law remedy for the violation of fundamental rights under Articles 32 and 226. Without such a remedy, the constitutional guarantee of fundamental rights would be rendered illusory.