The state is vicariously liable for custodial deaths due to negligence in ensuring safety and must compensate the victims' representatives for violations of fundamental rights.

JUDGMENT :

Dr. S.K. Panigrahi, J.

1. This Writ Petition has been filed concerning the unnatural death of a convicted prisoner, Nandia @ Nandu Munda. The Petition alleges that the prisoner endured both mental and physical torture at the hands of the jail authorities. It is claimed that this severe and unbearable mistreatment led him to take his own life. The petition asserts that the jail authorities are solely responsible for abetting his suicide through their conduct. Hence, the Petitioner seeks a direction of this Court to the State for awarding compensation to her for such death in custody.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

(i) Nandu Munda, the father of the Petitioner, was convicted by the Sessions Judge, Keonjhar, in a Sessions Trial case and was sentenced to rigorous imprisonment for a term of 10 years, along with a monetary fine.

(ii) On 1.09.2010, approximately at 3:45 PM, Nandu Munda was discovered hanging by another convicted individual, Kedar Barik inside the latrine adjacent to the latrine of Ward No.14.

(iii) Warden Shyam Sundar Majhi, along with Kandara Munda, and Krushna Chandra Naik arrived at the scene and found Nandu Munda suspended by a towel tied around his neck from the skylight. The Warder lifted him, and Kandara Munda removed the towel and administered water to his mouth.

(iv) Subsequently, the incident was reported to the Assistant Jailor, who then informed the Jailor. Both officers promptly proceeded to the location, and the matter was reported to the Jail Medical Officer, who arrived at the scene, conducted a thorough examination, and ultimately referred NanduMunda to the District Head Quarter Hospital, Keonjhar for advanced treatment. Unfortunately, upon arrival at the hospital, he was pronounced dead by the attending Medical Officer.

(v) Following the death, an inquest report was prepared in the presence of the Petitioner’s family and the Executive Magistrate. A post- mortem examination was conducted at the District Head Quarter Hospital, Keonjhar. 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, they utterly failed to protect him, hence, the Petitioner seeks for compensation by filing the present Writ Petition.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER:

3. Learned counsel for the Petitioner earnestly made the following submissions in support of his contentions:

(vi) During the incarceration of the deceased, he suffered both physical and mental abuse at the hands of the jail authorities. The Petitioner was informed of this mistreatment by her father on multiple occasions during her visits. Despite bringing these issues to the attention of the Jail Superintendent, who assured an investigation, no such inquiry was conducted before the tragic and untimely death of Nandu Munda.

(vii) The Petitioner contends that, notwithstanding the official determination of suicide, the circumstances surrounding his death indicate culpable homicide due to the ongoing mistreatment by jail personnel.

(viii) Her father’s death is enveloped in a suspicious circumstance, casting serious doubts on the conclusion of suicide by the authorities.

(ix) The Petitioner further alleges that, in a bid to evade accountability, the jail authorities transferred the victim to the District Head Quarter Hospital, Keonjhar at the last moment, where he died under questionable and doubtful circumstances.

(x) The Opposite Parties are accused of fabricating a false narrative to avoid legal repercussio