NAGATANGKHUI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The petitioner herein is the father of one Thotmaya aged about 19 years who died while in custody in Sub-Jail, Dimapur on 13-9-92.

(2.) The petitioner resides with his family at Diphupar, Dimapur. The deceased was the eldest son of the petitioner.

(3.) The said son of the petitioner was missing from his home since 30-8-92. The petitioner tried to find out the whereabouts of the son. It was on 2-9-92, the petitioner came to know that his son was lodged in Sub-Jail, Dimapur. After obtain ing permission from a local Magistrate at Dimapur, the petitioner met his Son on 2-9-92. It is averred in this petition that on 2-9-92 when the petitioner met his son in Sub-Jail, Dimapur he was in good health and the son did not complain of any problem. The petitioner was however, requested by his son to see that he was bailed out. He was also informed by his son that no ground of detention was disclosed to him. On 12-9-92 at about 11 A.M. the petitioner went to Sub-Jail to give his son some clothing, soap and food etc. It was a Sunday. Without permission from Magis trate, the petitioner was not allowed to meet his son that day. While the petitioner was still lingering at the Jail Gate, he over-heard some under trial prisoners who saw him standing at the Gate saying that his son was in a very serious condition and might not survive. Being alarmed, the petitioner approached the Jailer to allow him to meet his son. He was, however, told that if it was a case of sickness, the petitioner should meet the Compounder. The petitioner met the compounder and requested him to let him know if his son was sick. The Compounder denied that his son was sick. The Compounder went to the Sub- Jail and demanded to know as to who had alleged that the petitioner's son was ill. The petitioner told the Compounder that he was informed of the serious condition of his son by the two persons who were still sitting near the Jail Gate. At that time the Compounder stated that he had already conducted the morning check on all the prisoners and there was no sign of any sickness of any of the prisoners including the petitioner's son.