GAHC010174952024

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4397/2024

KALYANI TUDU AND 2 ORS

W/O- LATE JUNASH MARDI @ LATE JONASH MARDI,

R/O- VILLAGE- NO-2. KANUPARA,

P.O- GURUFELA.

P.S- KACHUGAON,

DIST- KOKRAJHAR, BTAD, ASSAM, PIN-783360

2: LATHIF MARDI

S/O- LATE JUNASH MARDI @ LATE JONASH MARDI

R/O- VILLAGE- NO-2. KANUPARA

P.O- GURUFELA.

P.S- KACHUGAON DIST- KOKRAJHAR

BTAD

ASSAM

PIN-783360

3: LIPIKA MARDI

S/O- LATE JUNASH MARDI @ LATE JONASH MARDI

R/O- VILLAGE- NO-2. KANUPARA

P.O- GURUFELA.

P.S- KACHUGAON DIST- KOKRAJHAR

BTAD

ASSAM

PIN-78336

VERSUS

THE STATE OF ASSAM AND 6 ORS.

REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI - 6.

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF PRISON DISPUR GUWAHATI -06 ASSAM

3:THE INSPECTOR GENERAL OF PRISON ASSAM KHANAPARA GUWAHATI-22

4:THE DISTRICT COMMISSIONER KOKRAJHAR BTAD ASSAM PIN-783370

5:THE SUPERINTENDENT OF POLICE KOKRAJHAR BTAD ASSAM PIN-783370

6:THE SUPERINTENDENT DISTRICT JAIL KOKRAJHAR BTAD ASSAM PIN-783370

7:THE JAILOR DISTRICT JAIL KOKRAJHAR BTAD ASSAM PIN-78337 Advocate for the Petitioner : MR. K R PATGIRI, MS. D. DEVI,MS K BARMAN,MS CHITRALEKHA DAS Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

Date : 01.11.2025 (K.R Surana, J)

Heard Mr. K.R. Patgiri, learned counsel for the petitioner. Also heard Mr. D.

Nath, Senior Govt. Advocate for the State.

2. The petitioner no.1 in this case is the wife of Late Junash Mardi @ Late Jonash Mardi, who when alive was an active member of an organization namely, Santal Tiger Force. Petitioner nos. 2 and 3 are the minor son and daughter of the petitioner no.1 and the deceased.

3. Pursuant to an incident that occurred on 15.10.2017, the husband of the petitioner no.1 was arrested in connection with Kachugaon Police Station Case No. 56/2017, corresponding to PRC Case No. 06/2018 under Sections 457/380/511 IPC. On investigation, Charge Sheet No.43/2017 dated 30.11.2017 was submitted before the Court of learned Sub-Divisional Judicial Magistrate (M), Gossaigaon. In the interim, the husband of the petitioner no.1 was released on bail. However, on his failure to attend learned Trial Court, pursuant to Non-Bailable Warrant of Arrest issued by the learned Trial Court, the husband of the petitioner no.1 was taken into custody on 25.01.2023 and produced before the learned Trial Court.

4. It appears that the husband of the petitioner no.1 had suffered injuries on 03.02.2023 while in jail custody and the materials available on record shows that the husband of the petitioner no.1 had climbed up a ‘Ahad’ tree and fell down while being asked to come down and in the process suffered injuries on his right leg. As per the discharge certificate dated 30.03.2023, the husband of the petitioner no.1 had suffered subtrochanteric femur fracture (right) with fracture calcul….(not readable) right foot with pubic rami fracture with burst fracture L spine sustained following alleged history of fall from height on----

2 (illegible) at 7.00pm without distal neurovascular deficit. However, on perusal of the Trial Court records, which is annexed to this writ petition, it appears that the injured inmate was produced before the learned Trial Court, which took cognizance of the injuries suffered by the husband of the petitioner no.1. Thereafter, the authorities of District Jail, Kokrajhar reported alleged suicide by the husband of the petitioner no.1 on 27.07.2023 with a gamosa at the late night latrine of the Medical Ward of the hospital and accordingly, the In-Charge of Gurufella Police Outpost informed the petitioner no.1 about the death of her husband. It is submitted that the jail authorities, without following any procedure conducted the post-mortem examination without prior consent from the next of kin and the dead body was handed to the petitioners on 28.07.2023. 5. Referring to the i