Orissa High Court orders Rs 20 lakh compensation for death of undertrial due to ‘negligence’

The Orissa High Court has ordered the state government to pay Rs 20 lakh compensation to the wife of an undertrial prisoner who reportedly died in custody due to alleged negligence in providing timely medical treatment at the Nimapada Sub-Jail in Puri district.

The court, in its order, which came eight years after the petition was filed by the deceased’s wife, directed that the amount must be paid within six weeks.

Undertrial Died Without Proper Treatment

Sources informed that the deceased, identified as Krutibas Khatei, had been arrested on September 20, 2016, in a case registered at Pipili Police Station and was lodged as an undertrial prisoner.

He died in custody on January 26, 2017, after his health condition allegedly deteriorated without adequate medical intervention from jail authorities.

The High Court examined jail records and found that appropriate measures were not taken to ensure treatment, despite the prisoner being ill. His death, while awaiting trial, was ruled a consequence of failure to provide proper healthcare in custody.

Petition Filed By Wife In 2017

Following his death, Khatei’s wife, Sabita Nishanka, approached the Orissa High Court in 2017, citing negligence by the jail administration. She alleged that despite repeated requests, the authorities failed to shift her husband for proper treatment.

According to court findings, the prisoner was taken to a hospital only after the High Court issued directions, reinforcing the allegation of delayed medical action.

Representing the petitioner, lawyer Bhabani Shankar Das said the administration acted only after judicial intervention.

“The jail authorities did not make any arrangements for his better treatment. After the High Court ordered, they shifted him to a local hospital. The jail authorities acted in negligence, and we put this petition before the Hon’ble High Court, which has now ordered Rs 20 lakh compensation for the deceased’s wife,” he stated.

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Court Holds Authorities Responsible

A division bench headed by Justice Biraja Prasanna Satapathy ruled that negligence by jail officials deprived the prisoner of timely healthcare. Taking into account available records, earnings of the deceased, and the dependent’s future livelihood, the court concluded that the petitioner was legally entitled to compensation.

The ordered compensation of Rs 20 lakh must be released by the state government within six weeks, as per the ruling.