GOVERNMENT OF SINDH through Secretary, Home Department vs MUHAMMAD SARWAR S — 2023 PLD 154 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLD 154 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLD
Parties: GOVERNMENT OF SINDH through Secretary, Home Department vs MUHAMMAD SARWAR S
Subject matter: Civil
Provisions referred to: S. 1---S; S. 1; Fatal Accidents Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GOVERNMENT OF SINDH through Secretary, Home Department VS MUHAMMAD SARWAR S. 1---Suit for compensation---Custodial death---Scope---Respondent filed a suit for compensation under S. 1 of the Fatal Accidents Act, 1855, claiming therein that his son was tortured to death at CIA Centre while in police custody---Single Bench of High Court decreed the suit---Contention of appellants was that the custodial death of an accused was not covered under the definition of "actionable wrong"---Validity---Each and every case of custodial death where the cause of death of a person in police custody was natural and not on account of torture, assault, beating, wrongful acts, negligence or default on the part of police officials, would not attract the provision of the Fatal Accidents Act, 1855, unless it was established that loss occasioned by death was on account of actionable wrong---Respondent, in the instant case, had successfully established that the death of his son was not natural death---Appeal was dismissed.

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