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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Basanti Puhan – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. custodial death of the petitioner’s son. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding death being custodial. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. opposing party’s defense and context. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 4. court’s analysis on custodial responsibilities. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 5. interim compensation ordered for the petitioner. (Para 27 , 28 , 29) |
JUDGMENT :
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.
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 pet
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.
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 an....
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.
The State has a constitutional obligation to ensure the safety of individuals in police custody; custodial deaths demand scrutiny and compensatory measures for rights violations.
The court underscored the state's liability for custodial deaths and established a precedent for compensating victims against police violence.
The State is responsible for tortuous acts of its employees, and the award of compensation against the State is an appropriate remedy for the infringement of fundamental rights under Article 21 of th....
State liability arises for custodial deaths due to police negligence, affirming the right to compensation under Article 21.
The state is strictly liable for unnatural deaths in custody, necessitating compensation for the victim's family under Article 21 of the Constitution.
State is liable for failing to protect individuals in police custody, requiring compensation for unnatural deaths under Article 21.
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