KSHETRIMAYUM ONGBI BEMBEM DEVI Vs. THE STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) THE petitioner is the widow of late Kshetrimayum Raju Singh. She has filed this writ application claiming compensation of Rs. 15,84,000/ - solely on the ground that her husband while in judicial custody expired due to negligence on the part of the State respondents.

(2.) THE case of the petitioner as narrated in the writ petition is that she married late Raju Singh and out of their wedlock a girl child was born who was 2 years 8 months at the time of filing of the writ petition. Her late husband was working as a Mason and was earning Rs. 3300/ - per month. Her further case is that her late husband was arrested by the police personnel in connection with FIR Case No. 15(2)08 NBL P.S. and thereafter he was detained under the National Security Act, 1980 by order dated 10.3.2008 passed by the District Magistrate, Bishnupur. While in custody, her husband died on 9.2.2009 due to negligence on the part of the State respondents and accordingly this writ application has been filed for payment of compensation.

(3.) FROM the above report, it appears that the deceased husband of the petitioner was suffering from HIV infection as well HCV infection of the liver. His condition was not favourable to initiate interferon base treatment. In spite of conservative management, his condition deteriorated from 7.2.2009 and ultimately he died on 9.2.2009. Cause of death is due to HIV infection with HCV -Co - infection leading to cirrhosis of Liver progressing to Hepatic Encephalopathy. From the report it appears that the petitioner had no grievance against the treating Doctors but she reported that she was not allowed to meet her husband in the Security Ward by the guard till his death.