Duty Of Jail Authorities To Ensure Safety; Foul Play Can’t Be Ruled Out: Orissa HC Grants ₹2L Interim Compensation In Unnatural Death Of Convicted Prisoner
The Orissa High Court has granted compensation of Rs. 2 lakhs in a writ petition of a case involving death of a convicted prisoner.
The Court said that, it is the duty of jail authorities to ensure safety and security of the inmates of the jail.
A Single Bench of Justice S.K. Panigrahi observed, “It is the duty of the jail authorities to ensure safety and security of the inmates of the jail. Only when there is negligence on their part, such an incident could take place. Though the authorities have termed the incident as a suicide, foul play cannot be ruled out at this stage. Irrespective, the police/prison authorities owe a duty of care and caution to an arrested person and must take reasonable care to ensure that he does not suffer physical injury as a consequence of his own acts, or the acts of a third party.”
The Bench added that it is a case of custodial death and the authorities are responsible for the same. It said that the authorities being the employees of the State of Odisha, the State is vicariously liable for the death of the deceased.
Advocate Gyanendra Ch. Swain appeared on behalf of the petitioner while ASC G.R. Mohapatra appeared on behalf of the opposite parties.
In this case, the writ petition was filed concerning the unnatural death of a convicted prisoner. The petition alleged that the prisoner endured both mental and physical torture at the hands of the jail authorities. It was claimed that such severe and unbearable mistreatment led him to take his own life. The petition pointed out that the jail authorities were solely responsible for abetting his suicide through their conduct. Hence, the petitioner sought a direction of the High Court to the State for awarding compensation to her for such death in custody.
The petitioner was the daughter of the deceased prisoner. In 2010, the deceased was discovered hanging by another convicted individual inside the latrine. Upon completion of all legal formalities, the deceased’s body was released to the petitioner’s family for burial. Since the death was in custody and the jail authority was in charge of his safety and security, it was alleged that they utterly failed to protect him. Hence, the petitioner sought a compensation.
The High Court in view of the above facts, noted, “… it is pertinent to award compensation to the petitioner. However, in my opinion, the counsel for the Opp. Parties has rightfully contended that a full compensation cannot be granted without the completion of inter alia the investigation of the death, departmental inquiry, etc. Ergo, it would be reasonable, at this stage, to award an interim compensation to take care of the necessary expenses of the Petitioner and her family.”
The Court said that it would be appropriate to order to the State of Odisha to pay to the petitioner compensation of Rs. 2,00,000/- as an interim compensation.
“The said amount shall be deposited by the State before the District Legal Services Authority of the concerned District within six weeks from the date of presentation of an authenticated copy of this judgment/order. This direction to pay the compensation is without prejudice to the rights of the legal representatives to claim compensation in private law proceedings, if so entitled in law, against those found responsible for his death”, it directed.
The Court further ordered the State to take proactive measures to complete the investigation and the following trial as well as the disciplinary proceedings against those who are responsible for the death of the prisoner.
“Accordingly, the State shall pay Rs.25,000/- towards the cost of litigation to the Petitioner within six weeks from the date of presentation of an authenticated copy of this judgment/order”, it also directed.
Accordingly, the High Court disposed of the petition and granted interim compensation.
Cause Title- Babita Munda v. State of Odisha and Ors.
