KUNJ PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition has been filed with a prayer to grant compensation of Rs.10.00 lakhs to the petitioners on account of untimely death of one under-trial prisoner namely, Ladu @ Rajkishore Parida on 05.11.2003, who happens to be the husband of petitioner No.1 and father of petitioner Nos.2 and 3, on the ground that death of the deceased was due to lack of proper care and non-supply of medicine as well as adequate and proper diet to the deceased by the Jail Authorities.

(2.) Petitioners' case in a nutshell is that the deceased Ladu @ Rajkishore Parida (for short, "deceased"), aged about 40 years was arrested and taken to Special Jail, Jharpada, Bhubaneswar on 05.09.2003 in connection with G.R. Case No.3017/03 of the Court of S.D.J.M., Bhubaneswar under Sections 461 and 379 I.P.C. for theft of some petty materials as per letter dated 06.11.2003 (Annexure-1) issued by the S.I., Laxmisagar Police Station addressing to the Chief Medical Officer, Capital Hospital, Bhubaneswar. All of a sudden, the petitioners came to know from Odia newspaper (Annexure-2) on 06.11.2003 morning that the deceased died in the jail due to lack of proper treatment. Immediately thereafter, relatives of the petitioners rushed to Jharpada Jail, where they were informed by the staff of Jharpada Jail that due to illness the deceased was shifted to Capital Hospital, Bhubaneswar and he died there.

(3.) Dr. T.C. Mohanty, learned Senior Advocate appearing on behalf of the petitioners submitted that the deceased died in Jharpada Jail and not in the Capital Hosptial as it has been clearly mentioned in the death certificate that the place of death of the deceased is Jharpada Jail. According to Dr. Mohanty, the dead body of the deceased was sent to the Capital Hospital for post-mortem examination by Laxmisagar Police Station but the same was referred to the S.C.B., Medical College and Hospital (for short, "SCB") vide their letter No.5009 dated 06.11.2003 (Annexure-1) and finally post-mortem on the body of the deceased was conducted in the Capital Hospital after three days, i.e., on 07.11.2003 at 1 P.M. though the dead body of the deceased was received by the Capital Hospital on 05.11.2003 at about 6.10 PM. Here suspicion arises that when the post-mortem was conducted by Capital Hospital finally, there was no reason for referring the dead body to SCB and not conducting the post-mortem of the dead body of the deceased there. The reason is only known to the State-authorities. Such attitude of the Jail Authorities creates doubt in the mind of the petitioners that there is some mala fide intention behind it so as to suppress the actual cause of death.