ORDER

11.12.2024 Date :

(K.R. Surana, J)

Heard Mr. N. Deka, learned Amicus Curiae. Also heard Mr. D. Nath, learned Senior Govt. advocate appearing for the respondents.

2) At the outset, it may be mentioned herein that the petitioner had remained unrepresented when the matter was previously listed and called on 19.04.2024, 27.05.2024, 05.06.2024 as well as 15.07.2024. Therefore, this Court instead of dismissing the writ petition for non-prosecution directed the Registry to engage Amicus Curiae from the panel so as to assist this Court at the time of hearing of the matter at merit. Accordingly, learned Amicus Curiae was appointed.

3) The petitioner is the mother of late Jakir Hussain, who was arrested on 16.09.2022 by Silapathar Police in connection with Silapathar P.S. Case No. 171/2022 under Sections 21(a)/29 of the NDPS Act, 1985. On the same day he was sent to Dhemaji District Jail. On 06.10.2022, the jail authorities had shifted the son of the petitioner to Dhemaji Civil Hospital due to massive hematemesis suffered by him, where he passed away on 07.10.2022. After post mortem examination, the dead body of Jakir Hussain was handed over to the family on 08.10.2022 for last rites. Thereafter, the brother of the deceased, namely, Shah Alom Sk. had submitted representation dated 16.12.2022 before the Deputy Commissioner, Dhemaji (respondent Nos. 3) and another representation dated 21.12.2022 before Superintendent of Police, Dhemaji (respondent no.4), requesting for an inquiry into the sudden and unnatural death of his brother and for appropriate remedial actions. However, as the petitioner had not received any response or compensation for the custodial death, this writ petition has been filed under Article 226 of the Constitution of India, seeking inquiry, justice, and compensation.

4) The learned Amicus Curiae has referred to the statements made in the writ petition and it is submitted that as per the cadaver report issued by the Dhemaji Civil Hospital, Dhemaji, the deceased son of the petitioner is stated to have suffered massive hematemesis while jail custody. Accordingly, the petitioner suspects some foul play against the deceased in the District Jail. It was submitted that the family members went to the Silapathar PS to lodge an FIR on the mysterious death of the petitioner’s son but the police refused to accept the FIR. Therefore, by a letter dated 16.12.2022, which was sent by registered post, the Deputy Commissioner, Dhemaji was requested to conduct a judicial enquiry on the sudden, mysterious and unnatural death of the deceased at Dhemaji Civil Hospital. It is submitted that the petitioner had alleged in this writ petition that her son was murdered after being assaulted brutally by other co-accused. A similar representation dated 21.12.2022 was also sent by registered post to the Superintendent of Police, Dhemaji.

5) It is submitted that as per the Magisterial Enquiry Report, on 06.10.2022, the son of the petitioner had vomited several times in jail since 3.30 PM and as per the statement of the doctor, who was on emergency duty, the petitioner was suffering from blood vomiting. It is submitted that the doctor on emergency duty in Civil Hospital, Dhemaji had referred to the petitioner’s son to Assam Medical College and Hospital, Dibrugarh for better treatment. However, the authorities of the Civil Hospital, Dhemaji and the authorities of the District Jail, Dhemaji did not take immediate and urgent steps for taking the petitioner’s son to Dibrugarh for better treatment. Hence, it is submitted that the State is liable for delay, negligence and lapses for providing adequate and affective medical treatment to the son of the petitioner, which caused the untimely death of a youth aged 24 years, on whose earning three his 82 year old father, 75 year old mother (i.e., petitioner) and his 18 year old brother were dependents. Accordingly, it is submitted that this is a fit case for directing independent judicial enquiry into the custodi