SOMARI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application under Article 226 of the Constitution of India, the petitioner, who is a widow, has claimed a sum of Rs. 1 lakh towards damages on account of death of her husband, Gade Oraon, while in custody. The husband of the petitioner was involved in some criminal case and while in judicial custody he died because proper medical assistance was not given to him during the course of his illness.

(2.) WE issued notices to the respondents numbering six. Counter-affidavits have been filled by respondent no. 3, Superintendent of Police, gumla and respondent no. 4, Jail Superintendent, Gumla. They both blame each other for the negligence which resulted in the death of Gade Oraon. In the affidavit filed by the State of Bihar, it has been stated that it was on account of negligence either on the part of Superintendent of police, Gumla or the Jail Superintendent that the death took place for which enquiry was being held. On the face of this stand taken by the State of Bihar, we need not go into the question as to whose negligence it was which resulted in the death of Gade Oraon while in jail. We, however, find that there has been serious breach of fundamental rights guaranteed under part III of the Constitution and that gade Oraon has been deprived of his life without due process of law. The petitioner is, therefore, entitled to damages/compensation. That would be apart from the punishment that may be awarded to the guilty officers who, it appears, have no regard for the life of an individual.

(3.) ON the last date of hearing i. e. 27. 11. 95 when the matter was listed before us, we directed appearance of the petitioner. She has appeared in Court today and we have questioned her. She is accompanied with her son Jagannath Oraon and dauthter muni Kumari. Both children agree that the compensation amount may be given to their mother and kept in fixed deposit to be utilised for maintenance of all the dependents of deceased gade Oraon.