JUDGMENT AND ORDER (ORAL)

17.12.2024 The writ petitioners approached this court with a prayer to call for the records lying with the official respondents and issue a writ of mandamus or in the nature thereof for directing a judicial inquiry for the custodial death of Somnath Show @Vicky @Biki in the Kendriya Sansodhanagar Tripura, Gakulnagar, Bishalgarh and to direct registration of the FIR in terms of the written complaint dated 18.01.2023 and also to pay Rs.50,00,000/- as compensation for the custodial death of the husband of the petitioner.

2. When the matter was taken up on 20th May, 2024 learned counsel for the petitioner submitted that the post-mortem report at page 62 and 63 reveal that there were ante-mortem injuries which, however, are not reflected in the medical report of the Kendriya Sanshodhanagar Hospital. Therefore, petitioners suspect that the deceased died due to custodial torture. Learned Public Prosecutor, thereafter, was asked to seek instruction and file counter affidavit.

3. Counter affidavit was filed thereafter by the respondents No. 1 to 3, inter alia, stating that the under trial prisoner, namely, Somnath Show attended the KST Hospital, OPD with complaint of nausea & vomiting and he was admitted to KST Hospital for better treatment. All routine investigations were conducted and reports were within normal range. On 9th June, 2022 his case was reviewed by the Medical Officer, Kendriya Sansodhanagar Hospital and he was found stable and medicines were prescribed. On 10th June, 2022 he was again examined by the Medical Officer, KST Hospital and his health condition was found to be stable and he was advised Psychiatric consultation. On 11th June, 2022 visiting psychiatrist examined him and prescribed medicines. He was advised for discharge as his condition had improved. Thereafter, on 13th June, 2022 he attended the KST OPD with complaint of general weakness. The medical officer advised him medicines and kept him under observation. However, he was discharged after improvement of his health condition. On 16th June, 2022 he attended KST Hospital OPD with complaint of sleeplessness, generalized weakness with a localized small infection over left wrist and he was kept under observation of KST Hospital and treated in line of Drug Withdrawal Syndrome with soft tissues infection. Since there was no significant improvement under medical observation at KST Hospital, he was referred to Bishalgarh Sub-Divisional Hospital, Bishalgarh on the same day for further management. Subsequently, he was referred to AGMC & GBP Hospital from Bishalgarh Sub-Divisional Hospital after initial treatment on the same day. He was under treatment at the AGMC & GBP Hospital w.e.f. 16th June, 2022 till 17th June, 2022 when he ultimately expired during his treatment. The Medical officer, KST Hospital prepared a report on 21.07.2022 (Annexure-R/2).

4. Thereafter, on 18th June, 2022 Sri Tapan Kumar Das, Warden KST duly handed over the dead body of the deceased to his father, namely Ananda Saha and his younger brother namely, Bikash Shaw (Annexure-R/3). It is stated that at the time of admission in Kendriya Sanshodhanagar on 6th June, 2022 the Medical Officer prepared a proforma for health screening. In the said proforma, in para 1(a) on being asked as to whether he was suffering from any disease, it was answered as Opioid Dependence Syndrome. It indicated that while at the time of entering KST the under trial was suffering from Opioid Dependence Syndrome which are a class of drugs of chemical components natural or synthetic that interact with nerve cells and have the potential to reduce pain.

5. On 17th August, 2022 the Associate Professor, Department of Medicine, AGMC & GBP Hospital submitted a report before the Medical Superintendent, of the said Hospital in connection with the treatment of the under trial. It was mentioned that he was provided treatment on 16th June, 2022 at the Emergency block with conservative management (shock patient with