Orissa HC says negligence led to prisoner’s death, orders ₹20 lakh compensation

A bench of Justice Biraja Prasanna Satapathy on Tuesday said the jail authorities failed to provide adequate medical treatment to him despite knowing he had chronic diabetes

Published on: Nov 26, 2025, 14:48:51 IST

By Debabrata Mohanty

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The Orissa high court has ordered ₹20 lakh compensation for the widow of an undertrial prisoner, who died in custody, underlining that such deaths due to medical negligence represent a serious violation of constitutional rights and warrant appropriate compensation.

The high court observed that the jail authorities demonstrated serious laxity in providing adequate medical care. (Getty Images/iStockphoto)

A bench of Justice Biraja Prasanna Satapathy on Tuesday said the jail authorities failed to provide adequate medical treatment to him despite knowing he had chronic diabetes. It added that by the time the prisoner was shifted to a better medical facility, his health condition had deteriorated.

The court said the petitioner Sabita Nishank’s claim for compensation on grounds of negligence by jail authorities was well proven. It added that the right to health is an integral part of the right to life guaranteed under the Constitution’s Article 21, particularly for prisoners deprived of personal liberty and completely dependent on jail authorities for medical care.

Nishank moved the court seeking ₹50 lakh compensation for the death of her husband, a panchayat executive officer. He was remanded to custody in September 2016 after being booked under the Indian Penal Code sections, including 409 (criminal breach of trust).

Nishank petition said her husband had suffered from chronic diabetes since 2008, and the jail authorities knew about it. It added that he was denied proper treatment. His health deteriorated, prompting his wife to move an application before a magistrate in January 2017, requesting proper medical treatment.

The high court noted that the jail authorities took action only after the petitioner’s intervention. By the time the undertrial was transferred to the district hospital, his condition had deteriorated. He was subsequently referred to a Cuttack hospital but died the following day while undergoing treatment. The petitioner had to bear the ambulance charges for the transfer.

The high court observed that the jail authorities demonstrated serious laxity in providing adequate medical care. It noted that the prisoner’s blood sugar was checked periodically and some medicines were provided, but the treatment was insufficient given the severity of his chronic condition.

The court emphasised that proper and timely medical intervention could have prevented his death. It said that the prisoner’s condition deteriorated to such an extent that emergency referral became necessary, and by then it was too late to save his life despite the jail authorities’ claim of providing treatment.

ABOUT THE AUTHOR
Debabrata Mohanty
Debabrata Mohanty is a senior assistant editor of Hindustan Times who works as state correspondent from Odisha covering the state's politics, governance, public policy, natural disasters, environment and its society for close to three decades. With his long years of reporting from the state capital of Bhubaneswar, Mohanty has been known as one of the most experienced and credible journalists covering Odisha for the national English dailies. His reporting combines on-ground detail with deep institutional knowledge detailing the state's changing politics, governance issues, administrative reforms and the functioning of its public institutions. He has regularly reported on issues ranging from legislative developments and public policy implementation. Politics is his core areas of expertise as he closely tracks Odisha's political landscape, including the rise and transformation of the Bharatiya Janata Party (BJP), the Biju Janata Dal (BJD), the two principal political parties in Odisha. His long association with the state's political establishment enables him to write on contemporary developments in a larger political context. Mohanty takes a deep interest in writing human interest stories, environmental issues and documenting the impact of cyclones, floods, heatwaves, and other climate-related events in one of the most disaster-prone states. His coverage extends to public health, governance reforms and stories on accountability of government institutions. Before joining Hindustan Times, Mohanty worked with The Indian Express, Mail Today, and The Telegraph, where he covered at least six general elections and as many assembly elections. In 2007, he was selected for the prestigious Chevening Young Indian Print Journalist Programme at the University of Lincoln, United Kingdom, where he received advanced training in print journalism. In 2009 he won the Press Institute of India-International Committee of Red Cross award on conflict reporting for his on-ground reportage of 2008 Kandhamal riots.Read More

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