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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Achintya Malla Bujor Barua, Robin Phukan, JJ.
Shahar Banu W/o Late Idrish Ali - Appellant
Vs.
The State Of Assam and Ors. - Respondent
WP(C) No. 3363 of 2017
Decided On : 23-03-2023
Constitution of India, 1949 – Article, 21 – Wildlife Protection Act, 1972 – Section 51 – Arms Act – Sections 25 – Claiming for Appropriate Compensation – Protection of life – Personal Liberty – Learned counsel petitioner Senior Government Advocate for respondents – Petitioner Shahar Banu has instituted this writ petition on premises that her deceased husband police personnel – Held, Death may not have been caused because of any extremist terrorist or miscreants violence or because of communal ethnic or group clashes or because of any firing of security force or because of any acts attributed to police force – Death can also be construed to have been caused as because a timely appropriate and adequate medical facility could not been provided to deceased husband of petitioner because of an error of judgment on part of medical authorities regarding his underlying medical condition – Writ petition is allowed.
JUDGMENT AND ORDER :
A.M. Bujor Barua, J.
Heard Mr. MK Hussain, learned counsel for the petitioner and Mr. D Nath, learned Senior Government Advocate for the respondents in the Government of Assam.
2. The petitioner Shahar Banu has instituted this writ petition on the premises that her deceased husband Idrish Ali was arrested by the police personnel of Dhing Police station along with Special Task Force (in short STF), Jakhalabandha in connection with Dhing Police Station Case No. 322/2016 under Sections 25(1)(A) of the Arms Act read with Section 51(1)(A) of the Wildlife Protection Act, 1972. But, while he was in custody of the police authorities, the husband of the petitioner died on 25.08.2016. In the circumstance, this writ petition is instituted claiming for appropriate compensation to the family members of the deceased by raising an allegation that he died due to internal injuries inflicted upon him by the police personnel of Dhing police station along with STF of Jakhalabandha and further as because of negligence on the part of the jail authorities.
3. In response thereof, the respondents have filed an affidavit in opposition, wherein a death report of the husband of the petitioner Md. Idrish Ali under the signature of the Medical and Health Officer, Central Jail, Nagaon has been annexed as Annexure-2. The death report is extracted as below:-
| “Death Report of Md Idrish Ali Md Idrish Ali S/o Lt. Kitab Ali aged about 50 yes was admitted at Central Jail, Nagaon on 23/08/16. I examined him on that day and given treatment. | |
| O/E BP 124/76mm/Hg | Pulse 72/mnts |
| 1) Pain and swelling over both hips lega and body Systematic examination: Chest clest CNS-Normal, Abdomen pain with distended CVS – Normal | |
| Treatment: | 1) Inj. Ceftrixone 1 gm Sig. 1 vial IV daily ANST |
| 2) Inj. Pantoprazole 40 1 vial-IV vial two times ANST | |
| 3) Inj. Diclofenac 1 mg once daily | |
| 4) Antacid Liquid 3 tsp three times daily | |
| 5) Diclofanac Gel ------------ daily | |
| 24/08/16- I examined him and given treatment as before. He is doing will on 24/06/16. 25/08/16- I came to Central Jail, Nagaon at 5-35 a.m. I examined Idrish Ali and given treatment and referred him to BP Civil Hospital Emergency OPD immediately | |
|
| at 6-10 A.M |
| O/E B.P. 106/70 mints | Pulse 70/mint |
| 1) Pain abdomen and distended 2) Chest Pain and respiratory difficult 3) Systematic Examination CNS – normal 4) Chest- crepitation +ve: legs and hands | |
| Treatment: 1) R L IV fluids given slowly 2) Inj. Dexona I vial IV in drips 3) Inj. Deriphyllin 1 ample IV in drips 4) Inj. Pantoprazole 40 1 vial IV 5 times 5) Antacid Liq 3 tsp thrice daily | |
| Idrish Ali expired on the same day on 25/8/16 at 6-30 a.m. as reported by B.P. Civil Hospital Authority. Post-mortem was done at B.P. Civil Hospital, Nagaon on that day. Post mortem Report shows- | |
| “The cause of death is due to Cardiomegaly that is a result of Myocardial Infarction” (ML). post Mortem was done by Deputy Superintendent of B.P. Civil Hospital, Nagaon, Assam. | |
|
| S/d/- P. N. Bora Medical & Health Officer Central Jail, Nagaon” |
4. In the affidavit in opposition, the post-mortem report of Md. Idrish Ali is also annexed, wherein in respect of the ‘pericar(dium), heart, vessels’, the following is provided:-
“A haemorrhagic slightly Blackish area of 3” x 2” over lateral aspect of left ventricle and another area of 2” x 1” over Posterior aspect of right ventricle with petechial haemorrhage in the wall of the affected heart wall.”
5. In the post-mortem report, the opinion of the Assistant Surgeon/Sub Assistant Surgeon as to the cause of death is provided as extracted:-
“In my opinion the cause of death is due to cardiogenic shock as a result of myocardial infarction.”
6. Based upon the death report provided by the medical authorities read conjointly with t
SupremeToday
The right to life under Article 21 includes the right to adequate medical treatment for prisoners, and failure to provide such treatment can lead to state liability for compensation.
State authorities are vicariously liable for negligence leading to custodial death, with victims entitled to compensation under Article 21 of the Constitution.
The court underscored the state's liability for custodial deaths and established a precedent for compensating victims against police violence.
Compensation for custodial death necessitates proof of unnatural death; not every death in custody qualifies under the compensation scheme.
The State has a constitutional obligation to ensure the safety of individuals in police custody; custodial deaths demand scrutiny and compensatory measures for rights violations.
Medical negligence—Death of a young promising Lawyer— in such a case for choosing multiplier, age of deceased and not that of mother would have to be taken into consideration Compensation of Rs.10,00....
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