Advocates:
['D DEB', '', 'Mr D R CHOWDHURY', 'Mr T K MODAK', 'Mr D DEBNATH', 'Mr A DEBBARMA', 'Ms R BHOWMIK', 'Mr S ROY', 'Mr S SARKAR', 'T ACHARYA', 'GA', '', 'Mr A GHOSH', 'Mr RAJU DATTA', 'D SHARMA']

Page - 1 of 4

HIGH COURT OF TRIPURA

AGARTALA

W.P(c) No. 1374 of 2016

1.

Smt. Tarubala Debbarma.

W/O Gajendra Debbarma , resident of Vill. Campalai, Purba Laxmipur, Chakmaghat,

PS Mungiakami, Teliamurah, District Khowai, Tripura

2.

Smt. Aruna Rani Debbarma

D/O Lt. Gajendra Debbarma resident of Vill. Campalai, Purba Laxmipur, Chakmaghat,

PS Mungiakami, Teliamurah, District Khowai, Tripura

3.

Sri Amit Debbarma

S/O/ Lt. Gajendra Debbarma -resident of Vill. Campalai, Purba Laxmipur,

Chakmaghat, PS Mungiakami, Teliamurah, District Khowai, Tripura

…………… Petitioner(s).

Vrs.

1.

The State of Tripura.

Represented by the Secretary-cum-Commissioner, Department of Home, Govt. of

Tripura, Agartala

2.

Secretary -cum- Commissioner

Department of Home, Govt. of Tripura, Agartala

3.

The Director General of Police

Govt. of Tripura, Agartala, District Tripura West, PIN - 799001

4.

The Inspector General of Prison

Govt. of Tripura, PS. East Agartala, District Tripura West.

5.

The Superintendent of Central Jail

Bishalgarh, PS Bishalgarh District Sepahijala, Tripura.

…………… Respondent(s).

For Petitioner(s)

:

Mr. D. R. Chowdhury, Sr. Advocate.

For Respondent(s)

:

Mr. D. Bhattacharya, Govt. Advocate.

HON’BLE THE CHIEF JUSTICE MR. AKIL KURESHI

HON’BLE MR. JUSTICE S. G. CHATTOPADHYAY

O R D E R

12/04/2021

(Akil Kureshi, CJ)

Petitioners are dependants and legal heirs of one Gajendra

Debbarma who died while in jail custody on 13.03.2005. The record would show

that late Gajendra Debbarma was convicted for offence punishable under Section

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364A of the Indian Penal Code (IPC, for short) and sentenced to life

imprisonment. The conviction and sentence took place on 02.12.2004. Thus, a

few months after his conviction when he was in jail, he died. A case of unnatural

death was registered. Inquiry was carried out. The conclusion of the inquiry was

that the prisoner had died a natural death and that there was no foul play

involved. Final report to this effect was submitted on 30^th June, 2006 which was

later on accepted by the Court also.

[2]

The petitioners have claimed compensation of Rs.30,00,000/- from

the State authorities primarily alleging negligence of the jail authorities which

led to the unfortunate death of the prisoner, basing the estimate of compensation

on the earning capacity of the deceased.

[3]

Learned counsel for the petitioner vehemently contended that there

was total negligence on part of the jail authorities in providing basic medical

care to the prisoner which led to his untimely death. Reliance was placed on a

decision of the Supreme Court in case of Re-Inhuman Conditions in 1382

Prisons; reported in (2017) 10 SCC 658. It was the case in which the Court had

discussed at considerable length the issues concerning unnatural deaths in State

custody. It was held that even prisoners have their fundamental rights protected

and in case of unnatural deaths in custody on account of negligence for overt

acts on part of the State authorities, the next of the kin of the deceased should be

compensated.

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[4]

Reliance was also placed on the decision in case of Re-Inhuman

Conditions in 1382 Prisons; reported in (2016) 3 SCC 700 in which

recommendation was made for comprehensive renew of jail manuals.

[5]

On the other hand, learned Government Advocate opposed the

petition contending that there was no foul play in the death of the deceased. In a

writ petition disputed issues cannot be examined and lastly, there has been a

gross delay and latches in filing the petition.

[6]

The question of unnatural death in custody is undoubtedly a

serious issue and Courts always examine a