On the Death of Uma Pradhan, Rep by Sri Dharam Raj Pradhan v. The State of Assam

ORDER Date : 29-03-2023

¶1Heard Mr. I Hussain, learned counsel for the petitioners. Also heard Page No.# 4/5 Ms. D Borah, learned counsel appearing for the respondent No. 9 and Mr. N Goswami, learned counsel appearing for the respondent Nos. 1 to 8.

¶2The petitioners herein are the children of the deceased under trial prisoner (UTP), who died while being lodged at Central Jail, Tezpur. Accordingly, this writ petition has been filed for a direction to be issued to cause an enquiry into the cause of custodial death of the deceased and to pay adequate compensation.

¶3The facts of the case is that one UTP, Gopal Pradhan was arrested on

03.11.2017, in connection with Dhekiajuli Police Station Case No.1003/2017 under Section 304-B IPC read with Section 135 of the Electricity Act, 2003 and lodged at Central Jail, Tezpur on 04.11.2017. Due to his sudden illness, he was admitted in Kanaklata Civil Hospital at Tezpur on 13.11.2017. Thereafter, on being referred on the same day, he was brought to the Gauhati Medical College and Hospital (GMCH) wherein he died around 10:30 pm on 13.11.2017 itself.

¶4On 14.11.2017 at 11:00 am post mortem on the deceased Gopal Pradhan was done at GMCH. However, the post mortem report relating to the cause of death of the said deceased Gopal Pradhan reflected that – "opinion regarding cause of death kept pending till receipt of Histopathological Examination Report from the department of Pathology of GMCH".

¶5A Magisterial Enquiry was conducted relating the death of said UTP Gopal Pradhan in judicial custody. However, due to non receipt of Histopathological Examination Report of the deceased, the concerned Magistrate on the basis of the materials available before him submitted his report on 18.01.2018, holding that the death of the said UTP Gopal Pradhan was not unnatural.

¶6The respondent No. 9, who is the Principal-cum-Chief Superintendent, Page No.# 5/5 GMCH, Guwahati has submitted an affidavit on 09.05.2022 along with the Histopathological Examination Report of Department of Pathology, GMCH, Hospital and the report from the Department of Forensic Medicine & Toxicology, Gauhati Medical College, Guwahati, which is to the effect that the death of the UTP was due to Hypertrophic Cardiology (Natural Death).

¶7In view of the findings of the Medical Experts and the report of the Magisterial Enquiry, which shows that the UTP had died a natural death, this Court is of the view that the writ petition should be closed.

¶8Accordingly, the writ petition stands closed.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010073002017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/86/2018o ONoTHEoDEATHoOFoUMAoPRADHAN,oREPoBYoSRIoDHARAMoRAJoPRADHANo W/OoLT.oGOPALoPRADHANo R/OoVILL-oGANGAPURo P.O.oGORMAR,oP.S.oDHEKIAJULIo DIST.oSONITPUR,oASSAM 1.1:oSRIoDHARAMoRAJoPRADHAN oVILL-oGANGAPUR oP.O.GORMAR oP.S.-DHEKIAJULI oDIST-SONITPUR oASSAM. 1.2:oSRIoDILIPoPRADHAN oVILL-oGANGAPUR oP.O.GORMAR oP.S.-DHEKIAJULI oDIST-SONITPUR oASSAM 1.3:oSRIoSAJANoPRADHAN oVILL-oGANGAPUR oP.O.GORMAR oP.S.-DHEKIAJULI oDIST-SONITPUR oASSAM 1.4:oSRIoKIRANoPRADHAN oVILL-oGANGAPUR oP.O.GORMAR oP.S.-DHEKIAJULI oDIST-SONITPUR oASSAM Page No.# 2/5 1.5: MS. MONISHA PRADHAN VILL- GANGAPUR P.O.GORMAR P.S.-DHEKIAJULI DIST-SONITPUR ASSAM 1.6: MS. NAMI PRADHAN VILL- GANGAPUR P.O.GORMAR P.S.-DHEKIAJULI DIST-SONITPUR ASSAM 1.7: MS. BHIMA PRADHAN VILL- GANGAPUR P.O.GORMAR P.S.-DHEKIAJULI DIST-SONITPUR ASSAM (Petitioner NO.1. 4 TO 1.7 BEING MINOR REPRESENTED BY THEIR ELDER BROTHER I.E Petitioner NO.1.1 VERSUS THE STATE OF ASSAM THROUGH THE SECRETARY TO THE GOVT. OF ASSAM, HOME AND POLITICAL AFFAIRS DEPARTMENT, DISPUR, GUWAHATI-6 2:THE SECRETARY TO THE GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-6. 3:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI -781007 4:THE INSPECTOR GENERAL OF PRISON ASSAM PANJABARI GUWAHATI - 781037. Page No.# 3/5 5:THE DEPUTY COMMISSIONER SONITPUR P.O. TEZPUR DIST. SONITPUR ASSAM PIN - 784001 6:THE SUPERINTENDENT OF POLICE SONITPUR TEZPUR DIST. SONITPUR ASSAM PIN - 784001. 7:THE SUPERINTENDENT OF JAIL TEZPUR CENTRAL JAIL TEZPUR DIST. SONITPUR ASSAM- 784001 8:THE JAILOR TEZPUR CENTRAL JAIL TEZPUR DIST. SONITPUR ASSAM- 784001 9:THE PRINCIPAL-CUM-CHIEF SUPERINTENDENT GMC AND H GUWAHATI Advocate for the Petitioner : MR I HUSSAIN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA