SMT. NILABATI BEHERA ALIAS LAUT BEHERA (THROUGH THE SUPREME COURT LEGAL AID COMMITTEE) versus STATE OF ORISSA AND ORS.

SMT. NILABATI BEHERA ALIAS LAUT BEHERA (THROUGH THE SUPREME COURT LEGAL AID COMMITTEE) versus STATE OF ORISSA AND ORS.

The deceased died as a result of injuries inflicted to him while in police custody; it is a case of custodial death, and the State is strictly liable under public law for contravention of the fundamental right to life. Compensation is the only practicable mode of redress for such violation, not barred by sovereign immunity.

Parties
Petitioner: Smt. Nilabati Behera alias Laut Behera (Through The Supreme Court Legal Aid Committee); Respondents: State of Orissa and Ors.
Jurisdiction
India
Judgment Date
24 March 1993
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Final Judgment
Outcome
Petition allowed
Legal Topics
Custodial Death, Compensation Under Public Law, Article 21 Right to Life, Article 32 Constitutional Remedies, Sovereign Immunity, Strict Liability
Constitutional Law Human Rights Custodial Death Compensation Under Public Law Article 21 Right to Life Article 32 Constitutional Remedies Sovereign Immunity Strict Liability

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Parties

Smt. Nilabati Behera alias Laut Behera (Through The Supreme Court Legal Aid Committee)

Petitioner

State of Orissa and Ors.

Respondents

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Final Judgment

Legal Issues

  1. 1 Whether the death of petitioner's son was caused by police brutality while in custody.
  2. 2 Whether compensation under Article 32/226 of the Constitution is available for violation of fundamental rights in case of custodial death.
  3. 3 Whether the defence of sovereign immunity is available to the State in such cases.

Ratio Decidendi

The deceased died as a result of injuries inflicted to him while in police custody; it is a case of custodial death, and the State is strictly liable under public law for contravention of the fundamental right to life. Compensation is the only practicable mode of redress for such violation, not barred by sovereign immunity.

Court Disposition

Petition allowed

Orders

  • State of Orissa is directed to pay Rs.1,50,000 to the petitioner as compensation.
  • State of Orissa is further directed to pay Rs.10,000 as costs to the Supreme Court Legal Aid Committee.