Undertrial dies in jail assault: Orissa HC orders compensation, job for wife

Justice Biraja Prasanna Satapathy passed the order while hearing a petition filed by the deceased's wife, Sasi Behera.
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Orissa High Court orders compensation and job for the widow of undertrial.File Photo
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CUTTACK: The Orissa High Court has held jail authorities responsible for the death of an undertrial prisoner following an assault by fellow inmates and directed the state government to pay Rs 15 lakh compensation to his widow and provide her with a Group-D government job.

Justice Biraja Prasanna Satapathy passed the order while hearing a petition filed by the deceased's wife, Sasi Behera.

The court also directed the government to deposit Rs 5 lakh out of the compensation amount in a fixed deposit in the name of the couple's minor daughter for six years. The remaining Rs 10 lakh will be handed over to the widow.

In its judgment, delivered on November 4 and uploaded on November 11, the court directed the state government to complete the process of payment and provide employment within two months of receiving the order.

About the case

The case relates to the death of Charan Behera, 40, who was arrested by Bellaguntha police on July 11, 2023, in connection with a theft case and sent to judicial custody on the same day. He was lodged at the special sub-jail in Bhanjanagar, Ganjam district, at around 9.30 am.

However, after four days he was taken to a hospital in Bhanjanagar for treatment, where doctors declared him dead.

Referring to the final report submitted in the case, the High Court noted that Charan had suffered multiple internal and external injuries after being assaulted by fellow inmates inside the jail.

The injuries ultimately led to his death.

The court also took note of an inquiry report which found that negligence on the part of jail authorities had contributed to the prisoner's death while in custody.

Observing that Charan had died in custody due to injuries inflicted by fellow inmates, Justice Satapathy said the court was inclined to allow the relief sought by his wife.

Court's directions in the case

The court also took into consideration the family's financial condition following Charan's death. He is survived by his wife, three minor children and elderly parents, leaving the family in a financially vulnerable situation.

Apart from directing the payment of compensation, the court ordered the state government to provide Sasi Behera with a suitable Group-D post in the concerned department as a special case on compassionate grounds.

Sasi had approached the High Court seeking Rs 15 lakh in compensation along with 18 per cent annual interest from the date of her husband's death.

However, while granting compensation and employment relief, the court did not specifically award the interest sought by the petitioner.

(With inputs from media reports)