Orissa High Court
Balaram Sahu @ Sahoo vs State Of Odisha & Ors. .... Opposite ... on 7 August, 2024
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.13386 of 2024
Balaram Sahu @ Sahoo .... Petitioner(s)
Mr. Pravash Chandra Jena, Adv.
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr. Debasis Mohapatra, ASC
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order No. 07.08.2024
03. 1. This matter is taken up through hybrid arrangement.
2. In filing this Writ Petition, the Petitioner being the legal of the deceased, who died inside the jail custody, has sought for a direction from this Court to the Opposite Party Nos.1 to 4, for granting compensation of a sum of Rs.10,00,000/- (Rupees Ten lakh only) in his favour.
3. Pursuant to the earlier order of this Court, Mr. Surya Narayan Das, D.S.P, D.I.B, Kandhamal-Phulbani submits the inquiry report relating to the cause of death of the father of the present Petitioner, who was in jail custody in connection with C.T. Case No.5/2021 corresponding to Gochhapada P.S. Case No.2 of 2021. The said report be kept on record.
4. Looking to the report submitted in Court today, this Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Court finds that soon after arrest of the father of the Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 08-Aug-2024 16:53:42 present Petitioner in connection with Gochhapada P.S. Case No.2 dated 08.01.2021 for commission of offence Page 1 of 4 under Section 20(b)(ii)(c) of the N.D.P.S Act, he was shifted to the DHH, Phulbani for medical examination. In the said examination, the Doctor opined that there was no detection of external injury or any complaint of dog bite. Soon after conclusion of his medical examination, he was shifted to the jail.
5. At the time of health screening conducted by the Medical Officer posted at the Jail on 09.01.2021, the father of the present Petitioner did not disclose about the history of the dog bite. Thereafter, on 21.11.2022 the father of the present Petitioner was released on interim bail for 90 days and he was again taken into jail custody on 20.01.2023. This time also the father of the present Petitioner did not complain about dog bite. But, on 16.07.2023 he complained about lower back pain. Hence, he was shifted to the DHH, Phulbani and was also given necessary treatment. On the same day he was brought back to the jail.
6. On 17.07.2023 the father of the present Petitioner again complained of tingling sensation, headache and weakness on both the legs. Hence, on 17.07.2023 he was shifted to the DHH, Phulbani and was, accordingly, admitted with the diagnosis of "Suspected Rabies". Thereafter, the treating physician referred him to the MKCG Medical College and Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Hospital, Berhampur for better treatment. Thereafter, on Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 08-Aug-2024 16:53:42 the very next day i.e. on 18.07.2023 the father of the present Petitioner died.
Page 2 of 4
7. After the death of the father of the present Petitioner, on the report of the Jail Superintendent, Phulbani the Baidyanathpur (Berhampur) PS UD Case No.435/2023 dated 18.07.2023 was registered. Thereafter, an inquiry was conducted in presence of the family members of the deceased, the Executive Magistrate-cum-Assistant Collector, Berhampur and the jail staff. The said inquiry was also conducted as per the guidelines of the NHRC, New Delhi. The entire process of inquest and postmortem was conducted by uninterrupted videography. The postmortem conducted by the Medical Officer opined that there were no external injuries in any form on the body of the deceased. Thereafter, upon receipt of the viscera report the concerned Medical Officer/Assistant Professor of the Department of FM & T, MKCG Medical College and Hospital opined that the cause of death of the deceased was due to Rabies and its complication, has occurred due to dog bite.
8. At this juncture, learned counsel for the State submits that the father of the present Petitioner has not died due to dog bite inside the jail custody. He, accordingly, prays for dismissal of this Writ Petition.
9. Considering the facts and circumstances of the case and Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA looking to the report dated 03.08.2024 submitted by the Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 08-Aug-2024 16:53:42 Superintendent of Police, Kandhamal-Phulbani in Court today, this Court does not find any negligence on the part Page 3 of 4 of the jail authority. Hence, the prayer of the present Petitioner cannot be acceded to.
10. This Writ Petition is, accordingly, dismissed.
11. Personal appearance of Mr. Surya Narayan Das, DSP, DIB, Kandhamal-Phulbani is dispensed with.
(Dr. S.K. Panigrahi) Judge Ayaskanta Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 08-Aug-2024 16:53:42 Page 4 of 4