GUDI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India preferred by Gudi Singh, wife of Brahma Singh. It is admitted position that said Brahma Singh was in custody in connection with Dhuraundha (M.H. Nagar) P.S. Case No. 29 of 1999 for various offences and was remanded to judicial custody by the learned Judicial Magistrate, Siwan on 12.2.1999 and was interned in Siwan Jail. It is admitted position that quarrel took place in jail on 20.3.2000 amongst the jail inmates and allegedly, a group of such inmates assaulted Brahma Singh within the premises of the jail on 20.3.2000, as a result of which he subsequently died and a case for that was filed which, the learned counsel for the petitioner admits, ended in acquittal. However, there is no dispute pat while in jail custody as a result of such assault Brahma Singh had died. The petioner has claimed a compensation of Rs. 10,00,000 stating that she is widow of late Brahma Singh having two minor children aged about 4 and 2 years respectively on the date on which this petition was filed in the year 2000. That compensation should be provided in such a case and to argument that proposition learned counsel has also filed a copy of the judgment of this court passed in Cr.W.J.C. No. 859 of 996 in which this court had granted compensation of Rs. 1,00,000 under similar circumstances.

(2.) In this case counter-affidavits have been filed on behalf of the respondent Nos. 4,5, 6 and 7. Though blame has been apportioned to other officials in different counter-affidavits, but this court need not go into that question because the State admits that Brahma Singh had died because of assault upon him inside the jail premises.

(3.) Fundamental rights of a prisoner remain intact even while in jail custody but for restrictions on his movement. Obviously, in this case Brahma Singh had died because of certain omissions to maintain law and order inside jail premises by the jail authorities and by the State. Therefore, in my opinion the petitioner, who is a widow of the deceased having two small children, is entitled to compensation to be paid by the State.