KAMALA TADINGI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE two writ petitions have been filed by the widows of two undertrial prisoners, namely, Gangula Tadingi and Ratunu Sirika, who died in jail custody praying for a direction to opposite parties to conduct an independent inquiry with regard to unnatural death of their husbands; punish the authorities responsible for such death and award adequate compensation to their families.

(2.) THE case of the Petitioners in a nutshell is that their husbands along with others were arrested in connection with alleged attack by the Chasi Mulia Adivasi Sangha on Narayanpatna Police Station in G.R. Case No. 165 of 2009 of J.M.F.C., Laxmipur. Thereafter, they were sent to Koraput Jail. Prior to arrest, they were in good health and were cultivating forest land to earn their livelihood. The deceased were supporting the cause of Chasi Mulia Adibasi Sangha which was fighting against landlords who had occupied the lands of Adivasis. The Petitioners were never informed about their husbands' illness while in jail custody. They were also not allowed to meet their husbands in jail custody. After coming to know about death of their husbands, there was agitation among the Mahila Sangha of Narayanpatna and they demanded a judicial probe into the custodial death of their husbands. The news regarding death of their husbands was published in the Indian Express on 24.09.2010. The Petitioners, finding No. other alternative remedy, have filed these writ petitions.

(3.) PER contra, learned Government Advocate appearing on behalf of the State Authorities submitted that late Gangula Tadingi, husband of the Petitioner -Kamala Tadingi in W.P.(C) No. 20023 of 2010, died in Tuberculosis in the District Headquarters Hospital, Koraput. Adequate care and medical treatment were provided to the husband of the Petitioner. Deceased -Gangula Tadingi, husband of the Petitioner, was arrested in connection with G.R. Case No. 85 of 2009, G.R. Case No. 86 of 2009 and G.R. Case No. 165 of 2009 and put to jail on 17.12.2009 as per the order of the learned J.M.F.C., Laxmipur. Due to illness, the deceased -Gangula Tadingi was admitted in the Jail Hospital from 30.01.2010 till 07.04.2010 and he was provided with the medical treatment in the Jail Hospital by the Jail Medical Officer. It is further submitted that from 18.02.2010 the medicine for T.B. was administered to him with proper sick diet. On 04.07.2010, he was shifted to District Headquarters Hospital, Koraput as per the advice of the Jail Medical Officer for specialized treatment and he was admitted there. As there was No. road communication and disruption of telephone line due to agitational activities of the Maoists, none of the staff of the Jail could be deputed to his native village to communicate the news of his illness. On 12.04.2010, during the course of treatment at the District Headquarters Hospital, Koraput, the husband of the Petitioner -Kamala Tadingi expired. The Petitioner was intimated by the I.I.C., Narayanapatna Police Station to remain present at the time of inquest and post mortem. The post -mortem examination was conducted in presence of his brother -in -law. They were requested to receive the dead body but they expressed their inability and requested the State Authorities to dispose of the dead body. Accordingly, the dead body of the husband of the Petitioner -Kamala Tadingi was disposed of by the Office of the Superintendent, District Jail, Koraput.