The main legal point established in the judgment is the principle of strict liability for the negligence of the police in cases of custodial deaths, emphasizing the fundamental rights of prisoners and the obligation of the state to ensure no infringement of their right to life.

ORDER

S. Muralidhar, CJ. - This writ petition was filed on 7th November, 2005 seeking, inter alia, the compensation of Rupees four lakhs to be paid to the Petitioners for the alleged custodial death of their son Manoj Kumar Mohapatra (Manoj).

2. The Petitioners had earlier filed W.P. (Crl) No. 407 of 2005 on 25th October, 2005 in this Court where the prayer was for directing the Opposite Parties to show cause as to why no action has been taken on the basis of the F.I.R. filed by the Petitioners against Opposite Party No.3 (Inspector-in-Charge, Dhenkanal Town Police Station) and seeking a fair investigation of the case. That petition, which was to be heard with the present petition was, however, dismissed for non-prosecution on 28th August, 2017.

3. As far as present writ petition is concerned, it was pointed out that a representation had been made by the Petitioners on 7th June, 2005 to the District Superintendent of Police, Dhenkanal to take strong action against the concerned police personnel of the Town Police Station (PS) of Dhenkanal. The Petitioners' case was that their son Manoj was returning home at about 2 am on 6t June, 2005 from watching a 'melody concert' performed at Minabazar, when the Inspector-in-Charge (IIC) of the Town PS, accompanied by some other policemen, forcibly took him to the PS. The next morning at 10.30 am the Police informed the Petitioners that Manoj had been taken to Sadar Hospital, Dhenkanal. After the Petitioners reached the Sadar Hospital, on the advice of the doctors there, Manoj was taken to the SCB Medical College and Hospital, Cuttack by a medical ambulance. Unfortunately, he died on the way. The case of the Petitioners is that he died due to brutal torture by the Dhenkanal Police.

4. The Petitioners have also placed on record a copy a fact-finding report of the Peoples Union for Civil Liberties of Dhenkanal and Cuttack treating this to be a custodial death and calling for fair investigation to the F.I.R. No. 145 dated 7th June, 2005 under Section 302/34 of the Indian Penal Code (IPC).

5. The Investigating Officer (IO) Shri Ramakrishna Panda, Inspector of Police, filed a counter affidavit dated 18th April, 2006 in this Court. The version of the Police is that the deceased had entered into a foreign liquor shop in a drunken state by making a hole in the asbestos roof; that he fell down from the roof to the floor and thereafter started making unusual sounds. This attracted the police patrolling party. The shop was thereafter opened and Manoj was brought to the PS in the early hours of 7th June, 2005 and kept in the verandah for verification. At about 8.50 am when Manoj complained of pain in his abdomen and started vomiting, he was shifted to Dhenkanal Headquarters Hospital for treatment.

6. The affidavit states that during the post-mortem examination, six external injuries were detected, all of which were ante-mortem. However, no injuries were mentioned in the bed head ticket of the deceased while he was admitted to the Hospital. It is stated that as it was a case of custodial death, the State Human Rights Protection Cell (HRPC), Odisha took charge of the investigation from the local police on 8th June, 2005. In paragraph 6 of the affidavit, it is stated as under :

"6. That it is respectfully submitted that the process of post-mortem was Video recorded. During investigation none has stated that neither Gyan Behera nor any police officer assaulted the accused-victim inside the Police Station. During investigation no evidence of assault to the deceased by the local police has been established. The Police noticed no external injury when the victim was brought to the Police Station. No third degree method and torture was applied to the deceased. As per the guidelines of NHRC the case is under investigation by the State HRPC and the investigation is under progress."

7. Thereafter, it appears that nothing substantial happened in the petition. For some reason, it appears to have not even been listed once b