Wife and daughter sought compensation for the custodial death of their husband/father alleging negligence by jail authorities. The court found medical treatment was provided at all stages and that he died after release on bail, in his family's presence. The writ petition was dismissed.
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GAHC010022342018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/815/2018
SUMITRA DEVI
W/O- LATE GOPI NATH, VILL- NAYAPARA (ALENGMARI), P.O- LAKHIGANJ, P.S- SAPATGRAM, DIST- DHUBRI, ASSAM, PIN- 783345
2: BICHITRA NATH D/O- LATE GOPI NATH VILL- NAYAPARA (ALENGMARI)P.O- LAKHIGANJ P.S- SAPATGRAM DIST- DHUBRI ASSAM PIN- 78334
VERSUS
THE STATE OF ASSAM AND 8 ORS.
TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, HOME DEPTT., DISPUR, GUWAHATI-6
2:THE CHIEF SECRETARY TO THE GOVT OF ASSAM DISPUR GHY- 06
3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM RELIEF AND REHABILITATION DEPTT. DISPUR GUWAHATI-6
4:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-6
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5:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GHY-7
6:THE SUPERINTENDENT OF POLICE DHUBRI ASSAM PIN- 783301 7:THE JAIL SUPERINTENDENT OF DISTRICT JAIL DHUBRI ASSAM PIN- 783301 8:THE OFFICER IN CHARGE SAPATGRAM P.S DIST- DHUBRI ASSAM PIN- 783337
9:THE DEPUTY COMMISSIONER DHUBRI DIST- DHUBRI ASSAM PIN- 78330
Advocate for the Petitioner : MR. A MANNAF
Advocate for the Respondent : GA, ASSAM
BEFORE
HON’BLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
17.05.2024
Heard Mr A Mannaf, learned counsel for the petitioners. Also heard Mr M Chetia,
learned counsel for the respondents.
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Superintendent, District Jail, Dhubri, Assam.
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necessary medical treatment was provided by the police authorities after apprehending the deceased husband/father of the petitioners and upon providing medical treatment, he was forwarded to the learned Court of SDJM, Bilasipara on the next day, i.e., on 21.09.2016. He further submits that on 21.09.2016, at about 06:45 pm, when the deceased husband/father of the petitioners was admitted into the jail, he was admitted into the jail hospital, wherein medical facilities were also provided. He, accordingly, submits that this is not a case of negligence of the jail authorities, for which the police/jail authorities can be held accountable for the death of the deceased husband/father of the petitioners.
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the physical appearance of the accused persons, the learned SDJM directed the Jail Superintendent to provide the accused persons with necessary treatment. It further appears that pursuant to the said order of the learned SDJM, at the time of admission of the deceased husband /father of the petitioners into jail on 21.09.2016 at about 6:45 pm, the deceased husband/father of the petitioners was admitted into jail hospital, wherein medical facilities were again provided to him. It further appears from the affidavit-inopposition filed on behalf of respondent No. 7 that during the continuance of treatment at Jail Hospital, the deceased husband/father of the petitioners, was shifted to Civil Hospital, Dhubri, as per the reference made by the jail doctor on 22.09.2018. It further appears that the deceased husband/father of the petitioners was released on bail on the twilight of 22.09.2016, as per the release order of the learned court while he was undergoing treatment in the Dhubri Civil Hospital, Dhubri. Paragraphs-5, 7, 8 and 11 of the said affidavit-in-opposition, against which no rejoinder has been filed, is reproduced hereunder for ready reference:-
“ 5. That with regard to para 5 of the W.P.(C), the deponent begs to state that the UTP Gopi Nath was admitted into the Jail hospital at the time of admission into jail on 21/09/2016 (6.45 PM) and provided medical facilities in Jail hospital (Photocopy of health screening enclosed herewith). During continuance of treatment at Jail Hospital, the Jail Doctor referred the said UTP to Civil Hospital, Dhubri on 22/09/2018 (Refer Slip enclosed herewith) and immediately after that the UTP Gopi Nath was shifted to Civil Hospital, Dhubri. In the
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meantime, the said UTP was released on bail on the twilight of 22/09/2016 as per release order of the Hon'ble Court while he was undergoing treatment in the Dhubri Civil Hospital, Dhubri, the Police escort party was relieved of their duty and the family members were there in the Civil Hospital, Dhubri to take care of Gopi Nath (Photo copy of release order enclosed). There was no negligence on the part of the Jail authority as alleged. Moreover, at the time of death (stated in the Writ Petition as 10.50 P.M. night) the said UTP Gopi Nath was not in judicial custody as he was already released on bail in the twilight of 22/09/2016 in Civil Hospital, Dhubri .
_** **** **** ****_**
7. That with regard to para 7 of the W.P.(C), the deponent begs to state that the UTP Gopi Nath was sent to the Civil Hospital, Dhubri as referred by Jall Doctor on 22/09/2016 for better medical treatment there and provided treatment in the Civil Hospital, Dhubri, Hence, there was no negligence on our part in providing better medical facilities to the UTP.
8. That with regard to para 8 of the W.P.(C), the deponent begs to state that the allegation brought against the Jail authority by the petitioner are, completely false and manufactured as they are not based on facts. The UTP Gopi Nath was admitted into this Jail on 21/09/2016 (6.45 P.M.) and immediately after that as per order of the Ld. Sub-Divisional
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Judicial Magistrate(M) Bilasipara he was provided medical treatment by
admitting him in Jail Hospital, Dhubri.
_** **** **** ****_**
11. That with regard to para 11 of the W.P.(C), the deponent begs to state that the death was not custodial as alleged. The UTP Gopi Nath was already released on bail at the time as stated in Para-5 above and he died in presence of family members at night i.e. at 10.50 PM of 22/09/2016. ”
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the wife and daughter of a man who died after judicial custody are entitled to compensation for medical negligence by the police/jail authorities.
Sumitra Devi
Bichitra Nath
The State of Assam
The Jail Superintendent of District Jail Dhubri
Kaushik Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
