Orissa High Court Orders ₹20 Lakh Compensation To Wife Of Undertrial Who Died Of High Blood Sugar Due To Jail Authorities' Negligence

The Orissa High Court has ordered rupees twenty lakh compensation to the wife of an under-trial who died in 2017 due to negligence of prison authorities in providing required medical attention despite having knowledge of his chronic diabetes and high blood sugar.

Referring to the last-minute-effort made by the jail authorities in seeking judicial leave to shift the deceased to hospital, the Bench of Justice Biraja Prasanna Satapathy said –

“This Court taking into account the contents of the letter...so issued by the Superintendent, Sub-Jail, Nimapara is of the prima facie view that by the time the Petition was filed by the Petitioner seeking better treatment of the U.T.P, his condition had already deteriorated.”

The husband of the petitioner ('the deceased') was working as a Panchayat Executive Officer. On 20.09.2016, he was taken into custody and lodged in Nimapara Sub-Jail in connection with a case under Section 409/120(B)/34 of IPC.

It was contended by the petitioner that despite knowing well about the volatile health condition of her deceased-husband, the jail authorities never provided proper treatment to him for which his health substantially deteriorated.

Upon learning about serious condition of her husband, the petitioner filed a petition before the JMFC, Pipili on 21.01.2017 praying for a direction to provide adequate medical support to the deceased. Basing upon such petition, the JMFC called for a report from the jail authorities. Surprisingly, by a letter dated 24.01.2017, the Jail Superintendent requested the Magistrate to pass necessary order for shifting the deceased to hospital.

Subsequent to the order passed by the JMFC, the deceased was admitted in District Headquarter Hospital, Puri but when his condition worsened, he was referred to SCB Medical College & Hospital, Cuttack. Unfortunately, he breathed his last within a day of such referral on 26.01.2017.

Therefore, the petitioner alleged gross negligence on the part of prison officials in not paying heed to the health requirement of her ailing husband. She prayed for a compensation to the tune of rupees fifty lakh for the loss and bereavement.

The State, on the other hand, vehemently refuted the allegations by submitting that the deceased was given proper treatment since the day of his arrest. It further argued that despite of the visit made by the District & Sessions Judge, Puri in December 2016 to the said jail, the deceased never complained of any negligence.

Upon hearing both the parties and examining the precedents referred to by the petitioner, the Court was of the opinion that the allegation of negligence appears to be proven by the suspicious conduct of the jail authorities.

“Even though the Prisoner was shifted to District Headquarter Hospital, Puri and subsequently to S.C.B. Medical College and Hospital, Cuttack on 25.01.2017, but died on 26.01.2017. This Court taking into account the contents of letter dt.24.01.2017 under Annexure-2 series, is of the view that by the time direction was issued to shift the UTP for better treatment, his health condition had already deteriorated,” it observed.

Hence, the Court held that on the face of such palpable negligence by the prison officials, the petitioner is entitled receive compensation for the avoidable untimely demise of her husband. Accordingly, it ordered the State to grant Rs. 20,00,000/- (rupees twenty lakh) compensation to the petitioner within a period of six weeks.

Case Title: Sabita Nishank v. State of Odisha & Ors.

Case No: W.P.(C) No. 27275 of 2017

Date of Judgment: November 25, 2025

Counsel for the Petitioner: M/s. H.K. Rout, B.S. Das & S. Ray, Advocates

Counsel for the State: M/s. A. Tripathy, Additional Govt. Advocate

Citation: 2025 LiveLaw (Ori) 157

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