Case Note & Summary
The petitioners, being the parents, widow, and minor children of the deceased Pratap Kute, an undertrial prisoner who died in custody, filed a writ petition under Article 226 of the Constitution of India seeking compensation of Rs. 90 Lakhs for loss of life due to the negligence of the jail authority. The deceased was suffering from spondylosis and severe pain. Despite his requests, he was not provided medical treatment initially. He filed an application before the Magistrate to shift him to Government Hospital, Beed for proper treatment, but the application was dismissed with observations that the Superintendent of Jail could take proper care. His condition deteriorated, and he was eventually shifted to Government Hospital, Beed, where doctors advised shifting him to Government Medical College, Aurangabad for further treatment. However, he was not shifted in time and died. The court, after considering the facts and the negligence of the jail authorities, held that the State is liable to pay compensation for the violation of the deceased's right to life under Article 21. The court directed the State to pay compensation of Rs. 5 Lakhs to the petitioners within four weeks.
Headnote
A) Constitutional Law - Right to Life - Article 21 of the Constitution of India - Medical Treatment of Prisoners - The court considered whether the jail authorities' failure to provide timely medical treatment to an undertrial prisoner suffering from spondylosis amounted to a violation of Article 21, entitling the family to compensation. Held that the State is liable to pay compensation for custodial death caused by negligence in providing medical care (Paras 2-5).
Issue of Consideration
Whether the petitioners are entitled to compensation for the custodial death of the deceased due to negligence of jail authorities in providing medical treatment
Final Decision
The court allowed the petition and directed the State of Maharashtra to pay compensation of Rs. 5 Lakhs to the petitioners within four weeks from the date of the order.
Law Points
- Right to life under Article 21 includes right to medical treatment for prisoners
- State liability for custodial death due to negligence
- Compensation under Article 226 for violation of fundamental rights
Case Details
2023 LawText (BOM) (03) 7
Criminal Writ Petition No.1464 of 2015
Smt. Anuja Prabhudessai, R.M. Joshi
Mr. N.R. Thorat for petitioners, Mr. M.M. Nerlikar, A.P.P. for State
Vishnu s/o Sandipan Kute, Chabubai w/o Vishnu Kute, Anjali w/o Pratap Kute, Priya @ Piyusha d/o Pratap Kute, Harshwardhan s/o Pratap Kute
The State of Maharashtra, The Superintendent of Jail, District Prison, Beed
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Nature of Litigation
Writ petition under Article 226 seeking compensation for custodial death due to negligence of jail authorities
Remedy Sought
Compensation of Rs. 90 Lakhs for loss of life due to negligence of jail authority
Filing Reason
Death of undertrial prisoner Pratap Kute due to lack of timely medical treatment for spondylosis
Previous Decisions
Magistrate dismissed deceased's application to shift him to Government Hospital with observation that Superintendent of Jail could provide care
Issues
Whether the jail authorities were negligent in providing medical treatment to the deceased undertrial prisoner
Whether the petitioners are entitled to compensation for custodial death under Article 226
Submissions/Arguments
Petitioners argued that deceased was not provided medical treatment despite requests, leading to death
State argued that proper care was taken and deceased was shifted to hospital when condition deteriorated
Ratio Decidendi
The State is liable to pay compensation for custodial death caused by negligence of jail authorities in providing medical treatment, as it violates the right to life under Article 21 of the Constitution.
Judgment Excerpts
This petition under Article 226 of the Constitution of India has been filed by the parents, widow and children of the deceased Pratap Kute, an undertrial prisoner who died in custody, for grant of compensation of Rs.90 Lakhs for loss of life due to the negligence of the jail authority.
The petitioners claim that the deceased Pratap was suffering from spondylosis and severe pain. It is alleged that since he was not provided medical treatment, he filed an application before the Magistrate to shift him to Government Hospital, Beed for proper medical treatment.
Procedural History
The deceased filed an application before the Magistrate to shift him to Government Hospital, which was dismissed. After his death, the petitioners filed Criminal Writ Petition No.1464 of 2015 before the Bombay High Court, Aurangabad Bench, seeking compensation. The petition was heard and decided on 2nd March 2023.
Acts & Sections
- Constitution of India: Article 21, Article 226
