SAVITRI BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner is a lady belonging to the scheduled caste community. She was residing with her husband, three sons and two daughters. She comes from a poor family. Her eldest son Umakanta Behera was the only earning member of her family. He started hotel business near Kacheri compound, Boudh, in the year 1968. He prospered and in 1974 his earning was about Rs. 150/- per day. All the members of the family were dependent on him. It has been alleged that police falsely implicated him and other two persons in two criminal cases, one under Sections 457/380/34, I.P.C. and the other under Section 379/34, I.P.C. The cases were registered in the Court of the Sub-Divisional Judicial Magistrate, Boudh, being G.R. Case Nos. 190/70 and 67/71. Umakanta was released on bail by the S.D.J.M., Boudh on 26-4-1974 in both the cases. But, he was again taken to jail custody on 5-6-1974 as an under trial prisoner in G.R. Case No. 190/70. It has been alleged that he was harassed and tortured by police. He could not withstand and tolerate such mental torture and harassment and gradually developed insanity.

(2.) The learned S.D.J.M., Boudh, finding Umakanta to be a lunatic, sent him to the Circle Jail, Cuttack, on 24-2-1975 under police protection through the S.D.J.M., Sadar, Cuttack, vide his letter No. 522 dated 24-2-1975 (Annexure 1). The Superintendent, Circle Jail, Cuttack was also informed and the Additional Superintendent, Mental Health Institute, S.C.B. Medical College, Cuttack, was moved for giving treatment to Umakanta. At the relevant time, Umakanta was 21 years of age. In the aforesaid letter, the learned S.D.J.M., Boudh requested the S.D.J.M., Sadar, Cuttack, to remand Umakanta to jail custody from time to time till his recovery and also requested the Superintendent, Circle Jail, Cuttack, to intimate the fact of recovery.

(3.) In the above circumstances, the family members of the petitioner could not run the hotel business. Therefore, they were deprived to have a square meal a day. Due to poverty, the father of Umakanta also could not go to Cuttack and enquire about his whereabouts. As Umakanta did not return, several requests were made to the S.D.J.M., Boudh to ascertain the present state of affairs. Though the S.D.J.M., Boudh by his letter dated 7-3-1978 (Annexure 2) made enquiries from the S.D.J.M., Sadar, Cuttack regarding Umakanta, no reply was received. A letter was addressed to the Chief Justice for judicial intervention, but a reply was sent by the Deputy Registrar of this Court that Umakanta had been released on bail by the S.D.J.M., Sadar, Cuttack, on 22-3-1978. According to the petitioner, Umakanta did not return home nor was he heard of since 24-2-1975, when he was sent to Cuttack from the Special Sub-Jail, Boudh.