SHAHAR BANU Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. MK Hussain, learned counsel for the petitioner and Mr. D Nath, learned Senior Government Advocate for the respondents in the Government of Assam.

(2.) The petitioner Shahar Banu has instituted this writ petition on the premises that her deceased husband Idrish Ali was arrested by the police personnel of Dhing Police station along with Special Task Force (in short STF), Jakhalabandha in connection with Dhing Police Station Case No. 322/2016 under Ss. 25(1)(A) of the Arms Act read with Sec. 51(1)(A) of the Wildlife Protection Act, 1972. But, while he was in custody of the police authorities, the husband of the petitioner died on 25/8/2016. In the circumstance, this writ petition is instituted claiming for appropriate compensation to the family members of the deceased by raising an allegation that he died due to internal injuries inflicted upon him by the police personnel of Dhing police station along with STF of Jakhalabandha and further as because of negligence on the part of the jail authorities.

(3.) In response thereof, the respondents have filed an affidavit in opposition, wherein a death report of the husband of the petitioner Md. Idrish Ali under the signature of the Medical and Health Officer, Central Jail, Nagaon has been annexed as Annexure-2. The death report is extracted as below:- -Death Report of Md Idrish Ali Md Idrish Ali S/o Lt. Kitab Ali aged about 50 yes was admitted at Central Jail, Nagaon on 23/08/16. I examined him on that day and given treatment. O/E BP 124/76mm/Hg Pulse 72/mnts 1) Pain and swelling over both hips lega and body Systematic examination: Chest clest CNS-Normal, Abdomen pain with distended CVS - Normal Treatment: 1) Inj. Ceftrixone 1 gm Sig. 1 vial IV daily ANST 2)Inj. Pantoprazole 40 1 vial-IV vial two times ANST 3)Inj. Diclofenac 1 mg once daily