MINATI DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. K.N. Bhattacharjee, learned Senior counsel, appearing on behalf of the petitioners. Also heard Mr. B. Dutta, learned State counsel, appearing on behalf of the respondent Nos. 1, 3 and 4, and Mr. A. Sengupta, learned counsel, appearing on behalf of the respondent Nos. 2, 5 and 6. Before coming to the issues, raised in this writ petition, certain material facts, which would help disposal of the writ petition, need to be taken note of. These facts are, therefore, set out, in brief, as under:

(2.) Alleging that Rasaraj Das had died due to the fact that he had not been provided with proper medical care inside the jail, her son ought to have been given appointment, on compassionate ground, and that the petitioners shall be paid all such sums of money as were payable to Rasaraj Das, the petitioners have filed the present writ petition, under Article 226 of the Constitution of India, for issuance of appropriate directions.

(3.) In their counter affidavit, the State respondents have contended that Rasaraj Das had been given best possible treatment available within the State of Tripura inasmuch as he was treated at Agartala Medical College and Gobind Ballabh Pant Hospital, Agartala, his treatment suffered from no negligence and he died despite proper treatment had been made available to him and necessary care had been taken by the State.