Justice C.V. Bhaskar Reddy of Telangana High Court has directed the State government to pay ₹6.2 lakh compensation with an interest rate of 6% per annum to the wife of a convict K. Venkatesh, who died after being attacked by a co-prisoner in Cherlapally Central Prison.
Allowing the writ petition filed by the convict’s wife K. Jayamma from Medak district, the judge noted that “it is the responsibility of the prison officials to ensure the life and safety of every inmate of the jail including those who may have been convicted and serving sentence”. The judge said in the order that prison officials cannot be absolved of the responsibility of protecting the prisoners and ensuring the latter’s safety just because the prisoners were convicted by the courts and serving jail term.
The judge recalled that the Supreme Court and several High Courts had held in the past that a prisoner cannot be denied of his fundamental rights and deprived of his rights under Article 21 of the Constitution of India except to the extent of he or she being deprived of the same in accordance with the law.
Venkatesh was held guilty in a murder case by the Third Additional District and Sessions Judge of Medak at Sangareddy on May 10, 2012. The next day, he was shifted to Cherlapally prison. A few months later, another person D. Narsimulu was shifted to Cherlapally prison from Nizamabad jail after being convicted in a case of attempt to murder, cheating and narcotics. According to the prison authorities, Narsimulu attacked Venkatesh in the early hours of July 4, 2012 with a broken pair of scissors. Venkatesh was shifted to Gandhi Hospital where he succumbed to his injuries. The petitioner moved the HC seeking compensation, holding the prison authorities responsible for the death of her husband. She contended that due to the negligence of the prison authorities the attacker managed to secure a pair of scissors and attacked her husband.
She sought a compensation of ₹10 lakh. The prison authorities informed the HC that a criminal case was registered by the Kushaiguda police based on the complaint lodged by the Cherlapally prison authorities by invoking Sections 302 (murder) and 307 (attempt to murder) of Indian Penal Code and section 176 (suspicious death) of Criminal Procedure Code.
After conducting an inquiry into the prisoner’s death by a magistrate, a report was sent to the National Human Rights Commission which directed the State government to pay a compensation of ₹ 1 lakh to the prisoner’s family. In 2018, the Medak district officials paid the compensation to the petitioner. The prison authorities stated that since ₹1 lakh compensation was paid and they had complied with the procedures established by law in the event of a prisoner’s death, the petition was, therefore, devoid of merits.
The fundamental rights guaranteed under the Constitution of India, including the right to life guaranteed under Article 21 of the Constitution of India, are equally available to all, including a person convicted of a crime and lodged in prison, the judge said in the order.
Published - May 21, 2024 03:18 am IST
