The Orissa High Court has recently ordered the State to pay a compensation amount of rupees fifteen lakh and compassionate appointment to a suitable government job to the wife of an undertrial prisoner (UTP) who died in custody in July 2023. [2026 LiveLaw (Ori) 127]

Relying upon a judicial inquiry report as well as the post-mortem report of the deceased UTP, the Bench of Justice Biraja Prasanna Satapathy held–

“It is also found from the report available under Annexure-B, the enquiring authority in his finding has come to a definite conclusion that because of the negligence of the Jail Authority, the deceased while in jail custody with effect from 11.07.2023, died on 15.07.2023. Since it is not disputed that the deceased while in custody died on 15.07.2023 because of the injuries inflicted on him by the co-convicts, this Court placing reliance on the decision as cited supra, is inclined to allow the prayer made in the Writ Petition.”

The deceased-UTP namely Charana Behera was arrested on 11.07.2023 and remanded to judicial custody on the same day for his alleged involvement in a criminal case. He was thereby lodged in the Quarantine House of the Special Sub-Jail, Bhanjanagar.

On the morning of 15.07.2023, upon being found unconscious, he was taken to the Sub-Divisional Hospital, Bhanjanagar for treatment. However, the doctor declared him brought dead. The post-mortem report found as many as eight external injuries on the body of the deceased and the doctor opined them to be sufficient to cause death in ordinary course of nature.

A judicial inquiry was conducted into the alleged custodial death of the deceased. The SDJM, Bhanjanagar, by his detailed report, found collusion between a life-convict and jail authorities and came to a conclusion that the deceased succumbed to the injuries inflicted upon him by means of a plastic pipe by the said life-convict.

For coming to the aforesaid conclusion, the Magistrate took into account not only the post-mortem and inquest reports, but also the statements of certain jail inmates, who were lodged alongside the deceased. The report also recorded an attempt by the Jail Superintendent as well as staff to brush the homicidal death aside under the veil of a cardiac arrest. It concluded that the avoidable unnatural death occurred due to the negligence of the jail staff, who blatantly violated the Jail Manual.

Therefore, the wife as well as the family members of the deceased filed this writ petition seeking a compensation to the tune of rupees fifteen lakh and a suitable compassionate appointment by the State. A plethora of judgments were cited on behalf of the petitioners, including the recent judgment in Sabita Nishank v. State of Odisha & Ors., 2025 LiveLaw (Ori) 157 wherein the Court had granted rupees twenty lakh compensation to the wife of a deceased UTP.

A government notification dated 02.03.2023 was relied upon by the State to oppose the prayer for high amount of compensation and claim for compassionate appointment. The State submitted that though the deceased admittedly died an unnatural death inside the custody, the petitioners are only entitled to a compensation amount of rupees three lakh.

Notwithstanding such contention, the Court noted that the judicial inquiry report as well as the post-mortem report prove homicidal death of the deceased inside jail custody. The deceased has also left behind his wife, three children and aged parents. Taking into consideration the above factors, the Court ordered–

“Since it is not disputed that the deceased while in custody died on 15.07.2023 because of the injuries inflicted on him by the co-convicts, this Court placing reliance on the decision as cited supra, is inclined to allow the prayer made in the Writ Petition. While allowing the same, this Court directs Opposite Party No.1 to release compensation amount of Rs.15,00,000/- in favour of the Petitioners and also take appropriate steps in providing compassionate appointment to Petitioner No.1 as against any Group D post under the Department.”

The Court further asked the authorities to release Rs. 10,00,000/- from the above amount in favour of the petitioner-wife and to keep Rs. 5,00,000/- in a fixed deposit for six years in favour of the minor daughter of the deceased. The payment of compensation was ordered to be done within a period of two months.

Date of Judgment: November 04, 2026

Counsel for the Petitioners: Mr. Lambodar Achari, Advocate

Counsel for the Opposite Parties: Mr. Chandrakanta Pradhan, Addl. Govt. Advocate