Reply To: Constitutional Law

#112022
Giga
Guest

CONSTITUTION OF INDIA .ARTS.21,226

Kumari Rojallin Nayak v. State of Orissa & ors. AIR 2013 ORISSA 1
V.GOPAL GOWDA, C.J. AND S.K.MISHRA,JJ.

CUSTODIAL DEATH

Compensation – Death of jail inmate due to self strangulation –Duty of jail authorities to ensure safety
and security of inmates of jail –only when there is negligence on their part such incident could take
place -Though incident was termed as suicide foul play could not be ruled out –Thus ,death being
custodial death ,authorities would be responsible for same – Authorities being employees of State, State would be vicariously liable to pay compensation to legal heir of deceased

It is duty of the jail authorities to ensure safety and security of the inmates of the jail. Only
when there is negligence on their part, such an incident could take place. Though the authorities have
termed the incident as a suicide ,foul play cannot be ruled out. Therefore, this court comes to the
conclusion that it is a case of custodial death and the authorities are responsible for the same. The
authorities being the employees of the State of Orissa, the State is vicariously liable for the death of the aforesaid deceased Ganeswar Nayak.

Keeping in view the aforesaid proposition of law, this court comes to the conclusion that
on the fact of the case ,death of the deceased Ganeswar Nayak is a custodial death and the jail
authorities are responsible for the same. As such , the State is liable to pay compensation to the
petitioner. Keeping in view in entirely of the facts , we assess compensation of Rs 3,00,000/-.