'Foul Play Can't Be Ruled Out': Orissa HC Grants ₹2 Lakhs Interim Compensation For Unnatural Death Of Convicted Prisoner

The Orissa High Court ordered the State to pay an interim compensation of rupees two lakhs to the daughter of a convicted prisoner who was found hanging from the latrine adjacent to the prison cells.

While the nature of death of the deceased was claimed to be 'suicidal', the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi said that possibility of 'foul play' cannot be ruled out and observed –

“Though the authorities have termed the incident as a suicide, foul play cannot be ruled out at this stage. Irrespective, the police/prison authorities owe a duty of care and caution to an arrested person and must take reasonable care to ensure that he does not suffer physical injury as a consequence of his own acts, or the acts of a third party.”

Factual Background

The deceased Nandu Munda, who is the father of the petitioner, was convicted by the Sessions Judge, Keonjhar in a sessions trial case and was sentenced to rigorous imprisonment for a term of 10 years.

While being lodge in prison, he was discovered hanging inside a latrine at 03:45 PM on 01.09.2010. Warden of the jail along with others came to the place of occurrence and found the deceased hanging by help of a towel from the skylight of the latrine.

The matter was reported to the Jail Medical Officer, who conducted a detailed examination and then referred the deceased to the District Headquarters Hospital, Keonjhar. However, upon arrival at the hospital, he was declared as dead by the attending Medical Officer.

As the death was in custody and the jail authority was in charge of his safety and security, petitioner alleged that they utterly failed to protect him. She further asserted that unbearable mistreatment was meted out to the deceased by the jail authorities for which he was left with no option other than to commit suicide.

Thus, the petitioner filed this writ petition seeking compensation from the State for death of her father due to abetment of suicide by the jail authorities.

Court's Observations

The Court noted that it is an admitted position that the deceased breathed his last while in custody of the police in jail premises. It further held that though the identity of the persons guilty of negligence for the death of the deceased is not clear but it is undisputed that he died due to the negligence of the jail officials.

“This Court has given its anxious consideration to this unfortunate episode and feels that in the circumstances of the case, it is necessary for the police/prison personnel to show that there was no negligence on their part. After all, when a prisoner is in custody, it is the duty of the police/prison personnel to keep him alive and well till judicial remand.”

Shock was expressed as to how the deceased was successful in roaming around the premises and to devise a plot to commit suicide without anyone witnessing/knowing about the same.

“It is impossible to believe that the prison premises would have been left empty without any prison personnel being present around there. All these matters would be cleared after the completion of the investigation of this whole episode and medical/chemical examination of the dead body of the deceased.”

The Court further held that it is the duty of the State to show that there was no negligence on the part of its staff.

“When a person is taken into custody, it is the paramount duty of the state to keep him safely. If there is any dereliction of that duty, undoubtedly, the onus will be on the prison staff and the personnel in charge to show that there was no negligence on their part,” it added.

The Court also referred to the judgments of the Supreme Court in Nilabati Behera v. State of Orissa, People's Union for Civil Liberties v. Union of India & Anr. and decision of the High Court in Ahalya Pradhan v. State of Orissa wherein the State was held vicariously liable for negligence/wrongful actions of the government authorities.

Therefore, it was held that the deceased died a custodial death and the jail authorities being government employees, the State is vicariously liable for the aforesaid death and to pay compensation for the same.

“In the facts and circumstances of the case, this Court feels that it would be appropriate to order to the State of Odisha to pay to the petitioner compensation of Rs.2,00,000/- as an interim compensation,” the Bench ordered.

Case Title: Babita Munda v. State of Odisha & Ors.

Case No: W.P.(C) No. 9897 of 2014

Date of Judgment: September 06, 2024

Counsel for the Petitioner: Mr. Gyanendra Chandra Swain, Advocate

Counsel for the State: Mr. G.R. Mohapatra, Additional Standing Counsel

Citation: 2024 LiveLaw (Ori) 79

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