State authorities are vicariously liable for negligence leading to custodial death, with victims entitled to compensation under Article 21 of the Constitution.

JUDGMENT : 

Biraja Prasanna Satapathy, J.

1. The present Writ Petition has been filed by the Petitioner inter alia with the following prayer:

It is therefore most humbly prayed that this Hon’ble court may graciously be pleased to admit this writ application, call for the records and issue a Rule-Nisi calling upon the opposite parties to show cause as to why:-

i. the Opp. Parties shall not be directed to pay the adequate compensation of Rs. 50 lakhs (Rupees Fifty Lakhs only) to the petitioner for the premature death of her husband due to latches and negligence by not providing proper adequate treatment facilities, diet and medicines to her husband inside the Nimapara jail,

(ii) the action of opp. parties in not providing proper adequate treatment, diet and medicines to the deceased in Sub Jail, Nimapara shall not be declared as bad, illegal, arbitrary;

(iii)and be pleased to hold under the facts and circumstances the petitioner is liable to the relief sought for;

(iv) any other relief/reliefs shall not be granted to the petitioner as would deem fit and proper;

If the Opposite Parties fail to show-cause or show insufficient cause, the said rule be made absolute in granting the compensation prayed for:

And may further be pleased to pass any other order(s) as deemed fit and proper,

And for this act of kindness the petitioner shall as in duty bound ever pray.

2. It is contended that Petitioner’s late husband while working as Panchayat Executive Officer, in Opega and Pamsora Gram Panchayat, because of his implication in Pipili P.S. Case No.126 of 2016 corresponding to G.R. Case No.186 of 2016 in the file of learned J.M.F.C, Pipili for the offence under Section 409 /120(B)/34 of I.P.C was arrested and remanded to custody on 20.09.2016. The deceased on his arrest was put in Nimapara Sub-jail as an Under-Ttrial Prisoner (U.T.P) w.e.f 20.09.2016.

2.1. It is contended that even though Petitioner’s late husband was a chronic Diabetic patient from the year 2008 and such fact was within the knowledge of the jail authority, but Petitioner’s husband was never provided with proper treatment for his suffering from blood sugar and accordingly his health condition when deteriorated, present Petitioner moved an application before the learned J.M.F.C, Pipili on 21.01.2017 under Annexure-1, inter alia with a prayer to direct the jail authority for proper treatment of her husband, who is in custody since 20.09.2016.

2.2. It is contended that basing on the petition filed under Annexure-1, when the jail authorities were directed to submit a report, vide letter dt.24.01.2017 under Annexure-2 series, request was made to the learned J.M.F.C to pass appropriate order for shifting of the UTP to District Headquarter Hospital, Puri for better treatment. Along with the said letter various documents were also enclosed, showing the treatment of the U.T.P for his suffering from Diabetic from the date of his remand.

2.3. Learned counsel appearing for the Petitioner contended that Petitioner’s late husband though was referred to District Headquarter Hospital, Puri and subsequently to S.C.B Medical College and Hospital, Cuttack for better treatment on 25.01.2017, but he died while under treatment in S.C.B Medical College and Hospital, Cuttack on 26.01.2017.

2.4. It is contended that the deceased basing on the order passed by the learned J.M.F.C, Pipili was shifted to District Headquarter Hospital, Puri on 25.01.2017 as would be found from Annexure-3. As the health condition of the deceased deteriorated, he was shifted to S.C.B. Medical College and Hospital, Cuttack on 25.01.2017 itself, but Petitioner paid the required Ambulance charges as reflected in Annexure-4.

2.5. Learned counsel appearing for the Petitioner contended