In a significant order, a division bench of the Orissa High Court, comprising Chief Justice V Gopalagowda and Justice SK Mishra, has directed the State Government to pay a compensation of Rs 3 lakh to the daughter of one Ganeswar Nayak, who had died in jail due to alleged negligence.
The bench had earlier issued notice to the State Government to file counter to the petition seeking compensation of ` 4 lakh to Rojalin Nayak for the death of her father in jail on September 9, 2001.
Rojalin had submitted that her father was arrested by Kendrapara police on charges of murdering his wife. He was lodged at Kendrapara sub-jail and subsequently acquitted on the grounds of insanity. The trial court had, however, ordered his shifting to Cuttack Circle jail at Choudwar and provided with treatment for mental illness.
While at Choudwar jail, he allegedly died due to strangulation by chains that he was bound with. The petitioner alleged the death was caused due to negligence of the jail authorities and as the State failed in its duty of protecting his life, it was liable to provide compensation.
The State Government in its reply stated that the jail authorities had kept him in chains due to his violent behaviour. He was handcuffed to protect him from hurting himself as well as others.
The handcuffs were bound by a chain and he was found to have strangulated himself with that. Considering the entire matter, the court observed that there had been negligence on the part of the State and directed payment of compensation to Rojalin.
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