SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(MP) 369

IN THE HIGH COURT OF MADHYA PRADESH
S.A. Dharmadhikari, J.
Rashmi Singh (Smt.) v. State of M.P. and others
Writ Petition No. 2234 of 2015 (J); Decided on 16.12.2022

Advocates:
Priyank Agrawal for petitioner; Ms. G.K. Patel, Government Advocate for respondents.

Headnote:

Constitution of India -- Art. 21 -- Criminal P.C. 1973 -- S. 357A -- compensation in writ proceedings -- death of accused in custody of police -- negligence of jail authorities established in inquiry -- intention of certain people to kill him in connivance with jail authorities also clearly established -- clear case of violation of fundamental right -- in such premise, writ Court competent to award compensation -- direction issued to respondents to pay rupees four lakhs to widow as maximum compensation as per relevant scheme -- State free to recover compensation amount from concerned officials. (1993) 2 SCC 746, (1997) 1 SCC 416, (2006) 3 SCC 178 and (2011) 12 SCC 419 followed. [Paras 7 & 10]

Òkjr dk lafoèkku & vuqPNsn 21 & naM çfØ;k lafgrk] 1973 & èkkjk 357d & fjV dk;Zokgh esa çfrdj & iqfyl dh vfÒj{kk esa vfÒ;qDr dh e`R;q & tsy çkfèkdkfj;¨a dh mis{kk tkap esa fl) & tsy çkfèkdkfj;¨a dh e©ukuqdwyrk ls mldk oèk djus dk dfri; O;fä;¨a dk vk; Òh Li"Vr% fl) & ewy vfèkdkj d¢ vfrØe.k dk Li"V ekeyk & bl fLFkfr esa] fjV U;k;ky; çfrdj nsus ds fy, l{ke & foèkok d¨ lqlaxr ;kstuk d¢ vuqlkj vfèkdre çfrdj d¢ :i esa #i, pkj yk[k lanÙk djus dk çR;FkÊx.k d¨ funs'k & lacafèkr inèkkfj;¨a ls çfrdj dh jde olwy djus d¢ fy, jkT; Lora=A ¼1993½ 2 ,l lh lh 746] ¼1997½ 1 ,l lh lh 416] ¼2006½ 3 ,l lh lh 178 rFkk ¼2011½ 12 ,l lh lh 419 vuqlfjrA ¼iSjk 7 ,oa 10½

ORDER

1. This petition under Article 226 of the Constitution of India has been filed by the petitioner, who is the widow of accused, who died while undergoing sentence in jail, for grant of compensation to the petitioner due to loss of life of her husband and other consequential reliefs.

2. The brief facts giving rise to filing of the writ petition are that the deceased husband of the petitioner was involved in a criminal case registered as Crime No.105/2010 at Police Station Amarpatan, District Satna (M.P.) for the offences punishable under the provisions of Narcotics and Psychotropic Substances Act, 1985. Pursuant to the registration of the crime, the husband of the petitioner was arrested on 15.3.2010 and sent to judicial custody at Central Jail, Satna. On 23.4.2010, the petitioner received a call from the Jail Authorities informing about the health condition of her husband and called her to meet him in the hospital. When the petitioner reached the hospital, she found her husband in dead condition and his body was kept in the mortuary. The petitioner was surprised to know that her husband has died due to intake of some poison. Thereafter, the Sessions Judge, District Satna directed a judicial inquiry on 2.6.2010. The Chief Judicial Magistrate, District Stana, conducted the inquiry after following due process and recorded the statements of all witnesses. After inquiry, the Inquiry Officer came to the conclusion that death was occurred due to consuming poison. It was further opined by him that at around 8.00 - 8.30, the health of the deceased started deteriorating and he felt uneasy and had pain in the chest, after which he was referred to the District Hospital Satna. After due check-up, he was taken to the Higher Medical Centre for treatment. The inquiry officer further raised questions regarding the presence of pesticides/poison inside the jail and opined that the death of the petitioner’s husband was occurred due to negligence on the part of the jail authorities. The Chief Judicial Magistrate, District Satna, submitted its report on 12.7.2012. It was clearly established that there were certain people, who in connivance with the jail authorities, wanted to kill the petitioner’s husband. After the death of the husband, the petitioner filed a representation for taking action against erring jail officials. In reply, it was informed that vide order dated 4.6.2014, Shri Sanjay Pandey, the then Jail Superintendent, Central Jail Satna was let off by a mere warning, whereas Shri Manoj Kumar Chaurasia, the then Assistant Jail Superintendent, Central Jail Satna was conferred with a punishment of stoppage of one increment without cumulative effect. However, no compensation was paid to the petitioner. Therefore, the petitioner has filed the present writ petition claiming following relief:-

“7.1 It is, therefore, prayed that this Hon’ble Court may kindly be pleased to, direct an independent probe from Central Bureau of Investigation (Respondent No.3).

7.2 It is, therefore, prayed that this Hon’ble Court may also be pleased award compensation to the tune of Rs.50 lacs to the petitioner due to loss of life of her husband.

7.3 Any other writ, order or direction as this Hon’ble Court deems fit may be passed.

7.4 Cost of the petition be also awarded.”

3. Per contra, the return has been filed by the respondents/State in which it is stated that the judicial inquiry was conducted by the Chief Judicial Magistrate, District Satna and negligence on the part of some officials of the jail department was found and punishment was accordingly imposed. It is further submitted that so far as the compensation part is concerned, the contention of the petitioner that at the relevant time, her husband was earning Rs.15,000/- per month is incorrect, therefore, the same is denied. In absence of cogent finding regarding involvement, conspiracy or responsibility of the jail authorities in the death of the husband of the petitioner inside the jail premises, n

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top