Jail Assault Killed Undertrial: Orissa HC Orders ₹15 Lakh for Family, Group-D Job for Widow

Charan Behera, husband of Petitioner No. 1, was arrested on 11 July 2023 and remanded to judicial custody at the Special Sub-Jail, Bhanjanagar. On 15 July 2023, he was taken to hospital and declared brought dead. The post-mortem recorded multiple external and internal injuries.

A judicial inquiry concluded that the death was homicidal, that a life-convict acting as a jail watcher had assaulted Behera, and that jail authorities’ negligence contributed to the death.

The petitioners, including Behera’s wife and minor children, sought ₹15 lakh compensation with interest and compassionate appointment for Petitioner No. 1; the State relied on a 2 March 2023 notification limiting compensation to ₹3 lakh and opposed the appointment claim.

An interlocutory application was dismissed as not pressed.

Article 21 protects the life and dignity of prisoners, including undertrial prisoners; custody does not extinguish that fundamental right. The State has a duty to protect persons in its custody, and a proven infringement may be remedied through monetary compensation under Articles 32 or 226, independently of civil or criminal remedies.

The Court relied on D.K. Basu v. State of West Bengal and Nilabati Behera v. State of Orissa for these principles, as well as prior decisions concerning compensation for custodial deaths and failures of prison authorities to provide care.

The Court also considered the State’s 2 March 2023 notification, which the State said provided for ₹3 lakh compensation in cases of death attributable to jail-authority negligence.

The Court found that Behera died while in judicial custody and that the inquiry report, post-mortem findings and other materials supported the conclusion that he had sustained fatal injuries in the jail.

It accepted the inquiry’s finding that the jail authorities’ negligence contributed to his death, thereby establishing a breach of the State’s duty to protect his Article 21 rights.

On that basis, and relying on the cited custodial-death authorities, the Court awarded ₹15 lakh notwithstanding the State’s reliance on the notification’s ₹3 lakh figure. It also considered the family’s circumstances and directed compassionate appointment for Petitioner No. 1 as a special case.

The State was also directed to provide Petitioner No. 1 a suitable Group-D post as a special case. The entire exercise was to be completed within two months of receipt of the order.