State authorities have a duty of care to ensure the safety of individuals in custody, and negligence in this duty can result in liability for custodial deaths.

JUDGMENT :

S.K. PANIGRAHI, J.

1. The Petitioner through this Writ Petition seeks compensation from the Opp. Parties for the severe loss caused to her due to the custodial death of her only son and for loss of her only support.

I. FACTUAL MATRIX OF THE CASE

2. The brief fact of the matter is that the only son of the petitioner namely Amrit Puhan (hereinafter ‘deceased’) aged about 22 years, was pursuing his education in +3 commerce Paliya Binda college. He was having romantic relationship with one girl namely Disa Jethua, daughter of Rajesh Jethua resident of Charmpa, Badrak, and both of them eloped from the house on 04.03.2018. After few days of the said occurrence, the local police and the said Rajesh Jethua came to the house of the petitioner and threatened her for dire-consequences and finally threatened to kill the son of the petitioner.

3. Rajesh Jethua had also lodged an FIR against the deceased. After 43 days, on 14.04.2018 at about 1 ’o’ clock on mid-day, the deceased and the aforesaid girl were arrested by the Odisha police near Silvasa Police Station, Goa. From there, the Odisha police team alongwith Rajesh Jethua and his companions brought both of them to Kolkata by flight and thereafter stayed in a hotel at Kolkata and where the accompanying arresting police officials along with Rajesh Jethua brutally assaulted the deceased. On 16.04.2018 the police officials were bringing them back from Kolkata to Badrak by train. The petitioner has alleged that during course of traveling, the police officials and Rajesh Jethua killed her son by forcefully pushing him down from the running train.

4. The petitioner has alleged that Rajesh Jethua had conspired with the Odisha police officials to kill the deceased. For which the petitioner by way of CRLMP No.732 of 2018 had registered an FIR in such matter. Further, due to inaction of the Opp. Parties in the matter of the investigation of the FIR, the Petitioner had again approached this court by way of CRLMP 1415 of 2019 for transferring of the investigation to an independent investigating authority like the C.B.I.

5. The body of the deceased was brought to the B.M.O.H Narayangarh Block, Belda R/H on 16.04.2018 at about 10.30 am when doctor declared him dead. Then B.M.O.H Narayangarh Block, Belda gave written information to OIC Belda P.S which was received at 12.35 pm on the same day which was then registered as U.D case No-25 dated 16.04.2018 and magisterial inquest also done accordingly.

II. PETITIONER’S SUBMISSIONS

6. Learned counsel for the Petitioner(s) earnestly made the following submissions in support of his contentions:

7. It is an admitted fact that the deceased was in the custody of the Opp. Parties and died a custodial death. The Opp. Parties intentionally pushed down the deceased out of the train in between Bakhrabad and Kushmuri level crossing.

8. It was ascertained during the investigation by the Belda P.S police that ASI Trinath Bhoi, C/265 Sanmay Patra and C/346 Janmenjoy Bal of Bhadrak Town police Station, Odisha were with the deceased at the time of incident.

9. The final opinion report of doctor states that the nature of death whether homicidal, suicidal or accidental depends on circumstantial evidences. The facts on records raises many inference and presumption towards the criminal liabilities and conspiracy of the opp. Parties.

10. The death of the petitioner’s son was clearly a motivated act of the Opp. Parties and it is abuse of public instrumentalities and resources too. It takes 5 hr 59 min (299.7 km) via NH16 Howrah to Bhadrak and 3 hr 21 min (131.1 km) via NH16 Bhubanes