Decided on December 17,2019

Konjengbam (O) Pishak Devi Appellant


KH.NOBIN SINGH,J. - (1.) Heard Shri I. Denning, learned Advocate appearing for the petitioner and Shri M. Rarry, learned Addl. Advocate General appearing for the respondents.
(2.) By the instant writ petition, the petitioner has prayed for issuing a writ of mandamus or any other appropriate writ to grant rightful and reasonable compensation to the bereaved family of the deceased, the husband of the petitioner who died in the jail custody.
(3.) The petitioner 's son, Shri Konjengbam Yaima @ Tombi Singh got married with Smt. Naorem Asha Devi, daughter of Shri N. Nanda Singh of Serou Mayai Leikai, P.O and P.S Moirang, Bishnupur District, Manipur in the 1st week of December, 2013. The petitioner 's daughter-in-law died on 28-03-2014 by consuming poison because of which a case under FIR No. 26(3) 2014 MRG-PS U/S 498-A/302 IPC was registered at Moirang P.S and in connection therewith, the petitioner, her husband and her son were arrested by the police on 28-03-2014 itself. A request was made by the Investigating Officer, Moirang P.S before the Hon 'ble Chief Judicial Magistrate, Bishnupur for remanding them into judicial custody for a period of 15 (fifteen) days w.e.f. 05-04-2014 to 19-04-2014 and the detention of the petitioner 's husband and her son was extended from time to time. While the petitioner 's husband and her son were in the judicial custody inside the Sajiwa Jail, on 09-03-2015 in the morning, the police personnel/ the officials of the jail informed the petitioner that her husband had died inside the jail as a result of which, a UD case was registered by the Heingang P.S being No. 02/HNG-PS/2015 U/S 174 Cr.P.C. On 10-03-2015, a post-mortem examination was conducted at JNIMS, Porompat and thereafter, a Post-Mortem cum Death Certificate dated 03-06-2015 was issued by the JNIMS, Porompat, Imphal wherein it is stated that the final opinion as to the cause of the death would be given after receiving histo-pathology report of the chemical analysis. [3.2] The petitioner 's husband left behind him four children and herself and had died while he was in the jail custody of the respondents. Accordingly, the petitioner requested the Deputy Commissioner, Bishnupur vide her representation dated 28-05-2016 to look into the matter and grant ex-gratia to the bereaved family. As no information was received by her from the Deputy Commissioner, Bishnupur, the petitioner submitted another representation dated 07-06-2015 to the Principal Secretary/ Commissioner (Home), Government of Manipur requesting him to provide adequate and reasonable compensation which still remains undecided by him. [3.3] Being aggrieved by the inaction on the part of the respondents, the instant writ petition has been filed by the petitioner on the inter-alia grounds that the action of the respondents is unfair, unreasonable and bad in law being violative of the Article 21 of the Constitution of India; that since the petitioner 's husband died in the jail custody on 09-03-2015, the respondents ought to have taken necessary action to provide adequate compensation to her; that at the time when the petitioner 's husband was remanded to judicial custody, his health condition was fit but he might have felt unhappy, distress and discomfort because of which he might have died without any trial and that had the petitioner 's husband been allowed to stay at home till the commencement of the trial, his unnatural death could have been avoided. ;

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