Relief for kin of prisoner if man dies in jail: Gujarat high court

The Gujarat high court on Tuesday, while hearing the petition filed by wife of one late Chetan Patel, alias Chetan battery, observed that the state is liable to pay compensation to the kin of a prisoner who is killed in the jail. The court has directed the state to pay Rs five lakh to the petitioner.

A first division bench of Chief Justice R Subhash Reddy and Justice Vipul Pancholi also upheld the order released by a single bench, stating that the state should to pay a relief to petitioner Hetal Chetan Patel and her family.

Hetal Patel had challenged the single bench court before the division bench, pleading to raise the compensation amount from rupees five lakh to rupees fifteen lakhs. The state government had argued that it was not liable to pay the amount and, therefore, appealed that the single bench justice order be quashed. Both prayers were rejected by the division bench.

Chetan Patel was killed by accusing Gova Rabari and 10 other co-accused at Sabarmati jail in 2005. Patel’s wife had moved a petition before the high court and sought a compensation, arguing that her husband died in the custody.

Single bench Justice Mohinder Pal, hearing the case in 2016, said the Supreme Court judgment in Deputy Commissioner, Dharwad District Vs Shivakka and in the Murti Devi Vs State of Delhi, in which the apex court had concluded that due to negligence on the part of the jail authorities, the incident had occurred and so the state is liable to pay compensation.