The central legal point established in the judgment is the liability of the State Government under the principles of strict liability and absolute liability for the negligence of the authorities in ensuring the safety of accused persons in custody.

The writ petitioner is the wife of Lingam @ Muthulingam. According to the petitioner, her husband was implicated as an accused in Nesamony Nagar Police Station in Crime No.27/94 for an alleged offence under Section 302 of Indian Penal Code in respect of an occurrence stated to have happened on 07.04.1994. Along with him, there were other accused and the petitioner’s husband was arrested and remanded to judicial custody during 1996 pending investigation. He was confined in the Sub Jail, Nagercoil as trial prisoner in Cell No.8. The application for bail filed for the petitioner’s husband was dismissed and therefore, he was in the Sub Jail, Nagercoil pending investigation.

2. According to the petitioner the respondents 1 to 3 are the persons responsible in having overall control over the Sub Jail. On 09.04.1996, at about 3.10 am the husband of the petitioner, who was detained in the Cell, was murdered in the Sub Jail, Nagercoil and the crime was registered in Nesamony Nagar Police Station in Crime No.74/96 under Sections 147, 148, 448, 342, 332, 324, 307, 302 I.P.C. and Sec.25(1) of the Indian Arms Act on the complaint of the Wardon Grade II Thiru.Paul Ponnambalam of Sub Jail, Nagercoil.

3. The petitioner’s husband was aged about 36 years at the time of his murder and he had left behind him the petitioner being his wife and two minor children and his aged parents. The respondents have the legal duty to keep the petitioner’s husband, being an accused facing investigation, with proper safety and due to their negligence in not taking proper steps, the petitioner’s husband was killed. In view of the same, the petitioner has filed the present writ petition, claiming an amount of Rs.10,00,000/- as compensation.

4. The petitioner has also filed an additional affidavit dated 27.03.2008, disclosing certain facts relating to her family circumstances. The deceased has left a daughter Sugi who is now aged about 17 years and son Sujit, aged about 15 years and they are studying in 12th and 7th standard respectively. The third respondent who is the Superintendent of Sub Jail, Nagercoil, under whom the petitioner’s husband was detained and other respondents ought to have given protection to the petitioner’s husband as per Constitution of India and it is due to the failure on the part of the respondents, the said incident occurred and the petitioner’s husband was killed. It is also stated by the petitioner that the third respondent’s officials have lodged a complaint in Cr.No.74/96 against the 24 assailants under various provisions as stated above. The Sessions Judge, Kanniyakumari has convicted 12 accused out of 24 in S.C.No.157/98. Therefore, the respondent cannot controvert the cause of death of her husband who was detained by the State, in the Sub Jail, Nagercoil.

5. In the counter affidavit filed by the Joint Secretary to Government, Home Department on behalf of all the respondents, it is stated that Lingam @ Muthulingam S/o Vincent, husband of the petitioner was admitted in the Sub-Jail, Nagercoil on 30.07.1995, along with two, as per remand warrant dated 30.07.1995, issued by the Judicial Magistrate-I, Nagercoil in Kanyakumari Police Station Crime No.408/95 under Sections 147, 148, 332, 379, 307 of IPC and in Crime No.447/95 under Section 56 of the Indian Explosive Substances Act and Section 25(1)(b) of the Indian Arms Act. He was released on bail in Crime No.408/95 by the Assistant Sessions Judge, Nagercoil in S.C.No.5/96 dated 19.03.1996 and taken as convict prisoner. On 27.03.1996, he was released on bail in the said case and taken as remand prisoner for five cases pending against him, which are as follows:

Sl.No. Crime No. & Name of Police Station Sections and Act under which remanded Court and case

1.

10/92 of Eraniel Police Station

341, 302, 109 read with 34 IPC

District Sessions, Nagercoil, S.C.No.102/95

2.

27/94 of CBCID

147, 148, 449, 302 IPC 4,5 of Indian Explosive Substances Act

Judicial Magistrate II, Nagercoil, No.