RASHMI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by the petitioner, who is the widow of accused, who died while undergoing sentence in jail, for grant of compensation to the petitioner due to loss of life of her husband and other consequential reliefs.

(2.) The brief facts giving rise to filing of the writ petition are that the deceased husband of the petitioner was involved in a criminal case registered as Crime No.105/2010 at Police Station Amarpatan, District Satna (M.P.) for the offences punishable under the provisions of Narcotics and Psychotropic Substances Act, 1985. Pursuant to the registration of the crime, the husband of the petitioner was arrested on 15/3/2010 and sent to judicial custody at Central Jail, Satna. On 23/4/2010, the petitioner received a call from the Jail Authorities informing about the health condition of her husband and called her to meet him in the hospital. When the petitioner reached the hospital, she found her husband in dead condition and his body was kept in the mortuary. The petitioner was surprised to know that her husband has died due to intake of some poison. Thereafter, the Sessions Judge, District Satna directed a judicial inquiry on 2/6/2010. The Chief Judicial Magistrate, District Stana, conducted the inquiry after following due process and recorded the statements of all witnesses. After inquiry, the Inquiry Officer came to the conclusion that death was occurred due to consuming poison. It was further opined by him that at around 8.00 -8.30, the health of the deceased started deteriorating and he felt uneasy and had pain in the chest, after which he was referred to the District Hospital Satna. After due check-up, he was taken to the Higher Medical Centre for treatment. The inquiry officer further raised questions regarding the presence of pesticides/poison inside the jail and opined that the death of the petitioner's husband was occurred due to negligence on the part of the jail authorities. The Chief Judicial Magistrate, District Satna, submitted its report on 12/7/2012. It was clearly established that there were certain people, who in connivance with the jail authorities, wanted to kill the petitioner's husband. After the death of the husband, the petitioner filed a representation for taking action against erring jail officials. In reply, it was informed that vide order dtd. 4/6/2014, Shri Sanjay Pandey, the then Jail Superintendent, Central Jail Satna was let off by a mere warning, whereas Shri Manoj Kumar Chaurasia, the then Assistant Jail Superintendent, Central Jail Satna was conferred with a punishment of stoppage of one increment without cumulative effect. However, no compensation was paid to the petitioner. Therefore, the petitioner has filed the present writ petition claiming following relief:-

(3.) Per contra, the return has been filed by the respondents/State in which it is stated that the judicial inquiry was conducted by the Chief Judicial Magistrate, District Satna and negligence on the part of some officials of the jail department was found and punishment was accordingly imposed. It is further submitted that so far as the compensation part is concerned, the contention of the petitioner that at the relevant time, her husband was earning Rs.15,000.00 per month is incorrect, therefore, the same is denied. In absence of cogent finding regarding involvement, conspiracy or responsibility of the jail authorities in the death of the husband of the petitioner inside the jail premises, no direction can be issued to pay the compensation. It is a settled proposition of law that the claim for compensation cannot be decided under the writ proceedings as quantum of compensation claimed is required to be substantiated, established and proved by leading cogent evidence. In the instant petition, there is not a single averment on the basis whereof, the magical figure of Rs.50.00 Lakhs is demanded by way of compensation. So far as the second relief is concerned, in catena of cases, the Hon'ble Apex Court has already held that in each and every case, investigation by CBI or CID cannot be directed in a routine manner unless and until exceptional illegality or irregularity into the ongoing investigation is pointed out. The CJM, District Satna has already conducted the investigation and has found certain lapses on the part of the jail authorities. Thus, it is contended that the writ petition is liable to be dismissed.