SMT. KEWAL PATI versus STATE OF U.P AND ORS.

SMT. KEWAL PATI versus STATE OF U.P AND ORS.

Prison authorities are responsible for ensuring the safety and protection of convicts serving sentences. If a convict is killed in jail due to failure of authorities to protect him, his family is entitled to compensation for deprivation of life contrary to law under Article 21 of the Constitution.

Source-derived case information.

Parties
Petitioner: Smt. Kewal Pati; Respondent: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
06 April 1995
Procedural Posture
Writ Petition (crl.) No. 1119 of 1991 / Final Order
Outcome
Petition allowed
Legal Topics
Right to Life, Compensation for Deprivation of Life, Duties of Prison Authorities
Constitutional Law Criminal Law Right to Life Compensation for Deprivation of Life Duties of Prison Authorities

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Parties

Smt. Kewal Pati

Petitioner

State of U.P. and Ors.

Respondent

Procedural Posture

Writ Petition (crl.) No. 1119 of 1991 / Final Order

Legal Issues

  1. 1 Whether prison authorities have a duty to protect the life and safety of a convict serving sentence
  2. 2 Whether the family of a convict killed in jail is entitled to compensation under Article 21 of the Constitution

Ratio Decidendi

Prison authorities are responsible for ensuring the safety and protection of convicts serving sentences. If a convict is killed in jail due to failure of authorities to protect him, his family is entitled to compensation for deprivation of life contrary to law under Article 21 of the Constitution.

Court Disposition

Petition allowed

Orders

  • The State of U.P. shall deposit a sum of Rs. 1,00,000 within three months with the Registrar of this Court.
  • A sum of Rs. 50,000 shall be deposited in fixed deposit in any nationalised bank and the interest paid to the wife and children.