The of Orissa has ordered the to provide compensation of ₹15,00,000 and a compassionate government appointment to the widow of an who died in custody. The ruling highlights a critical failure in the administration of the , where the deceased, Charana Behera, was subjected to fatal violence at the hands of fellow inmates while under the watch of the jail authorities. In his decision, Justice Biraja Prasanna Satapathy emphasized that the State cannot escape liability for the infringement of the , particularly when that life is under the direct control and responsibility of government functionaries.
The case originated from the arrest of Charana Behera on , in connection with a case registered at the . Upon being remanded to , Behera was admitted to the quarantine ward of the Special Sub-jail in Bhanjanagar. Only four days later, on the morning of , he was transported by jail ambulance to the . Despite being rushed for emergency medical care, he was declared brought dead upon arrival. Subsequent post-mortem examinations revealed a gruesome reality: the deceased had sustained at least eight external injuries, including severe bruises and abrasions across his arms, flank, and back.
The judicial inquiry into the incident, which featured heavily in the ’s deliberation, paints a damning picture of . Inmates residing in the same quarantine ward testified that Behera had been severely assaulted by a life-convict acting as a "watcher." According to the enquiry report, this individual had been provided with a plastic pipe by the jail authorities, allegedly to maintain control and instill fear among the prison population. The inquiry officer noted that the life of the deceased could have been saved if the staff had adhered to their mandated duties.
The report also highlighted an unsettling attempt by jail officials to obscure the facts. While the Jailer-cum-Superintendent insisted the death was caused by cardiac arrest, this version was directly contradicted by the jail medical officer. The medical officer testified that he had examined the prisoner before the ambulance transfer and found that his pulse was not palpable and that he already exhibited multiple signs of physical trauma. The judicial inquiry officer concluded that the death was and that the jail authorities had not only failed to prevent the violence but had also attempted to misrepresent the circumstances of the tragedy.
The legal battle for justice was led by the petitioner, Sasi Behera, the widow of the deceased, who sought both financial compensation and rehabilitation for her family. The petitioner’s legal team argued that the death was a clear violation of , which guarantees the right to life and liberty even to those in custody. They cited several judicial precedents, asserting that the State is for the actions of its employees and that monetary compensation is a necessary when fundamental rights are flagrantly infringed.
The initially resisted the claim, contending that the family was entitled only to an payment of ₹3,00,000 based on a notification issued by the . The government further argued that there was no existing scheme or legal provision to support a request for compassionate appointment. However, the rejected these narrow defenses. It held that the notification could not limit the court’s power to award adequate compensation in the face of established custodial violence and official negligence.
Justice Satapathy’s order serves as a stern reminder of the State’s
. In the ruling, the Court recalled the principles set forth in previous landmark judgments, noting,
"
is perhaps one of the worst crimes in a civilized society governed by the
."
The Court observed that while it could not truly quantify the loss of a human life, the compensation provided was intended as a palliative measure for the irreparable harm caused by the state’s inaction.
The final directive issued by the Court mandates a two-pronged approach to redress the wrong. First, the is ordered to pay a total of ₹15,00,000 to the petitioners. To safeguard the future of the deceased’s children, the Court specified that ₹5,00,000 of this sum must be placed in a fixed deposit for the minor daughter for a period of six years. Second, acknowledging the severe economic hardship faced by the family, the Court directed the State to provide Sasi Behera with a compassionate appointment in a Group-D position within the concerned department.
The has directed that this entire exercise, including the disbursement of funds and the formal offer of employment, must be completed within two months from the receipt of the judgment. By this order, the Court has not only affirmed the rights of undertrial prisoners but also reinforced the accountability of the custodial apparatus, signaling that instances of institutional violence will be met with firm judicial intervention. As of the current procedural status, the state authorities are expected to initiate the recruitment and payment processes immediately to ensure compliance with the court’s strict timeline.
public law remedy - fundamental rights