BANALATA DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner, mother of the deceased-Smruti Ranjan Das @ Papu, has filed this Writ Petition seeking directions from the Court to handover investigation of the case of custodial death of her son to CBI for independent & fair investigation & direct the State to give adequate compensation to her for the death of her son. The Petitioner's son, Smruti Ranjan Das, was arrested on 05.09.2001 in connection with G.R. Case No. 1408 of 2000 & was forwarded to the Choudwar Circle Jail on 06.09.2001, vide Admission No. 3455 of 2001. While the said Smruti Ranjan Das was in Choudwar Jail under the supervision & control of the Choudwar Jail authorities, he was declared dead on 02.12.2001. On receiving the information, the Petitioner & others went to Choudwar Jail & were informed that the dead body of the deceased has been sent for post-mortem examination to the S.C.B. Medical College & Hospital, Cuttack. in S.C.B. Medical College & Hospital, she requested the authorities to see the dead body but she was not allowed to see dead body before the post-mortem was conducted. After conducting postmortem examination the authorities handed over the dead body of the deceased to the Petitioner. The Petitioner could notice that the deceased has sustained injuries on his body.

(2.) Notice has been issued to the Opp. Parties but no affidavit has been filed by the Secretary to Government, Home Department, Opp. Party No. 3," Superintendent of Choudwar Jail, has filed a counter affidavit. No post-mortem report has been attached to the same. The Superintendent admitted that the Petitioner's son was admitted to Choudwar Jail in connection with the aforesaid G.R. Case. It is further pleaded that the deceased had committed suicide inside jail on 02.12.2001 & was not murdered. The Superintendent pleaded that if any of the inmates desires to commit suicide, it is difficult to prevent him that too in case of mentally depressed as happened in the present case.

(3.) On such pleadings, in this case, two important questions arise for determination. First, whether the death of the deceased was custodial death & secondly, whether the State should be directed to pay compensation to the Petitioner because of the death of the deceased.