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19.04.2022 Dr. S. Muralidhar, CJ.

1. The parents (Petitioners) of a 38 year-old man, Susanta Pattnaik, who died while in jail custody at the Kendrapara Sub- Jail, filed this petition way back in 2011 claiming compensation for his death on the allegation that it was an unnatural custodial death as a result of the ill-treatment of the undertrial prisoner.

2. The present petition, although filed on 27 th December 2011, came up for hearing for the first time only on 10 th March, 2015 when a learned Single Judge of this Court directed the Opposite Parties to file their counter affidavit.

3. According to the Petitioners, their son, late Susanta Pattnaik married on 30th January, 2005. As a result of the differences that arose between him and his wife, she left the matrimonial home on 5th October, 2005 to live with her parents. On 14th July 2007, P.S. Case No.259 of 2007 was registered at the Kendrapara Police Station (PS) against Susanta Pattnaik and his parents i.e. the Petitioners herein as well as two of his sisters for the offences under Section 498A IPC read with Section 34 IPC and Section 4 of the Dowry Prohibition Act. It is stated that in the said case, the present Petitioners along with the deceased Susanta Pattnaik and two of his sisters were arrested by the Inspector In-charge Kendrapara from their residence at Burla on 15th July, 2007 and were forwarded to the Court of Sub-Divisional Judicial Magistrate (SDJM), Kendrapara on the next day. On 25th July 2007, the mother i.e. Petitioner No.1 and the daughters were released on bail. The father was released on bail on 30th July, 2007. However, the bail application of late Susanta Pattnaik was rejected and he was remanded to jail custody.

4. On 31st July 2007, BLAPL No.447 of 2007 under Section 439 CrPC. was filed before the Additional District and Sessions Judge, Kendrapara and listed for hearing on 7th August, 2007. Thereafter, it was adjourned to 17th August, 2007.

5. It is stated that the elder brother of late Susanta Pattnaik received a telephonic call on 13th August, 2007 at around 9.15 PM that Susanta Pattnaik had died. The Post-Mortem (PM) of the deceased was conducted on 14th August, 2007. The Petitioners state that they submitted a representation on 12 th October, 2007 to the Collector, Kendrapara and on 8th November, 2007 to the State Human Rights Commission (SHRC) for conducting an enquiry and taking action against the jail officials for being responsible for the custodial death of their son. It is alleged that he was deliberately tortured while in jail custody at the instance of the complainant and her relatives, one of whom was a public prosecutor. One other allegation of the Petitioners is that Susanta Pattnaik was diabetic, and because of lack of adequate medical treatment at the appropriate time, his health condition deteriorated; due to the negligence of the jail officials his death resulted.

7. In terms of the PM examination, the cause of death was opined as being due to cardiac failure because of coronary artery disease consistent with the advanced diabetic medical conditions for which the late Susanta Pattnaik was getting treatment.

8. The Superintendent of Police, Kendrapara submitted a report on 22nd May, 2009 to the SHRC saying that the matter had been entrusted to the IIC Kendrapara PS. The complaint of the elder brother of the deceased was registered in Kendrapara PS as Case No.312 of 2007 under Section 302 IPC read with Section 120B/34 IPC. The final report that was submitted after completion of the investigation was that it was a "mistake of fact".