High Court
Case Details
WP(C) 644/2013 BEFORE HON’BLE MR. JUSTICE I. A. ANSARI HON’BLE DR. (MRS.) JUSTICE INDIRA SHAH This is an unfortunate case of killing of a convict, namely, Siddique Al i, inside the district Jail, Sadiya, by, allegedly, another convict, Sujit Gowal a, lodged inside the same jail. Late Siddiquie Ali was the husband of the petiti oner herein, namely, Mustt. Majeda Khatun. Besides the petitioner, as his widow, late Siddique Ali has left behind him his five minor children as legal represen
Legal Reasoning
tatives. 2. With the help of this application, made, under Article 226 of the Consti tution of India, the petitioner has sought for, inter alia, issuance of directio n(s) to the respondents to not only pay adequate compensation to the members of the family of the said deceased and to bring to book not only the persons, who h ad killed her husband, but also to take appropriate disciplinary action against the officials, staff and other jail officials/personnel of the said district Jai l, whose negligence or lake of care and/or lake of devotion to duty had led to t he killing of the petitioner’s husband, allegedly, by a convict, namely, Sujit G owala. We have heard Mr. M. K. Hussain, learned counsel, appearing for the peti 3. tioner, and Mr. P. S. Deka, learned Addl. Senior Government Advocate, appearing for the respondents. 4. While considering the present writ petition, it needs to be noted that h e petitioner’s husband, Siddique Ali, was convicted by judgment and order, dated 20.08.2003, passed, in Sessions Case No. 21/2002, by the learned Sessions Judge , Morigaon, under Section 302 IPC, and sentenced to suffer imprisonment for life . Aggrieved by his conviction, Siddique Ali preferred an appeal, which gave rise to Criminal Appeal No. 301/2006. By judgment and order, dated 14.11.2006, the a ppeal aforementioned was dismissed. Dissatisfied by the dismissal of his appeal, Siddique Ali carried the matter to the Supreme Court by way of Special Leave to Appeal (criminal). As the Special Leave to Appeal (criminal) was barred by limi tation, an application, seeking condonation of delay, was made. By order, dated 27.08.2007, while the delay was condoned by the Supreme Court, the Special Leave Petition was dismissed. 5. In course of time, petitioner’s husband, while serving sentence in the d istrict Jail, Morigaon, was shifted, in the month of December, 2012, to district Jail, Sadiya. While the petitioner’s husband was serving his sentence, passed a gainst him, at district Jail, Sadiya, he was killed on 25.11.2003. An informatio n having been lodged, in this regard, at Sadiya Police Station, Sadiya Police St ation Case No. 07/2013 was registered under Section 302 IPC. During investigatio n, inquest was held over the dead body of the petitioner’s husband and the said dead body was also subjected to post mortem examination. On completion of invest igation, a charge-sheet has been laid, in the case aforementioned, against one S ujit Gowala, who, too, had been serving his sentence in the district Jail, Sadiy a. 6. According to the investigation, which had been conducted by the police, some dispute took place between petitioner’s husband and the said Sujit Gowala a nd, on the fateful day, Sujit Gowala killed the petitioner’s husband by means of a piece of fire-wood. The injuries, which the petitioner’s husband sustained, r esulted into his death. Considering the fact that an investigation has been conducted by the pol 7 ice to determine the circumstances, which had led to the death of the petitioner ’s husband, and charge-sheet has already been filed on completion of investigati on, no further direction, at this stage, in the absence of anything placed befor e this Court, showing to the contrary, is required to be ordered. The law has, t herefore, to be allowed to take its own course in terms of the investigation, wh ich has been conducted by the police, particularly, when there is no allegation brought before us that the investigation, which the police conducted, was unfair or tainted. Nonetheless, it was the duty of the State, and it remains the duty of th 8. e State, to ensure protection of life and property of every prisoner inside a ja il. It is, therefore, in the facts and attending circumstances of the present ca se, necessary that the Chief Secretary to the Govt. of Assam orders an inquiry t o be held to determine if any of the officials of district Jail, Sadiya, or any staff/personnel serving, at the district Jail, Sadiya, was, in any way, responsi ble and/or if there was any negligence, on the part of the officials of district Jail, Sadiya, and/or the staff/personnel of the said jail, including the two wa rdens (who were, admittedly, present inside the said jail, at the time of the al leged assault on, and killing of the petitioner’s husband) in carrying out their duties. 9. Coupled with the above, the petitioner, as a widow of Siddique Ali, is e ntitled to receive the remuneration, which may have become due and payable to th e petitioner’s result as a result of his having served the sentence of imprisonm ent. 10. Further-more, as the petitioner’s husband has died, while in custody of the State, the State is liable to pay a reasonable amount of compensation to the petitioner inasmuch as the petitioner’s husband had been deprived of his life i
Decision
nside the said jail in violation of law. 11. Considering, therefore, the matter in its entirety and in the interest o f justice, we hereby direct that Sadiya Police Station Case No. 07/2013, wherein charge-sheet has been submitted against accused Sujit Gowala, be expeditiously proceeded with and brought to logical conclusion in accordance with law. The lea rned Sessions Judge, Tinsukia, shall ensure that the case aforementioned is expe ditiously disposed of in accordance with law. We also direct that the Chief Secretary to the Govt. of Assam shall caus 12. e an enquiry to be carried out to determine if there was any negligence, on the part of any of the officials/staff/personnel of the district Jail, Sadiya, and/o r if there was any lake of devotion, on the part of officials/staff/personnel of the district Jail, Sadiya, towards discharging their duties. 13. Taking into account the peculiarity of the facts of the present case and attending circumstances, we direct that a sum of Rs. 3 Lakhs be paid, as compen Send, forthwith, copies of this order to the Chief Secretary to the Govt sation, to the petitioner within a period of three months from today. 14. . of Assam, Sessions Judge, Tinsukia, and Superintendent of Police, Tinsukia. 15. . 16. petition shall stand disposed of. In terms of the above observations made and directions given, this writ Furnish a copy of this order to the learned Senior Government Advocate