The State Of Bihar v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15138 of 2023 ====================================================== 1.
The State of Bihar through Chief Secretary, Bihar, Patna. 2.
The I.G, Prison, Directorate of Prison and Reforms Services, Government of Bihar, Patna.
3.
The Assistant Inspector General (Prison), Directorate of Prison and Reforms Services, Government of Bihar.
4.
The Jail Superintendent, District Jail, Arah, Bhojpur. ... ... Petitioner/s
Versus
1.
The Union of India through the Secretary, Law and Justice, Government of India.
2.
The National Human Rights Commission, through Registrar (Law) Manav Bhawan Block- C G.P.O, Complex, INA Near Delhi. 3.
The Deputy Registrar (Law) Manav Bhawan, Block- C G.P.O Complex INA, New Delhi,1100023.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gyan Prakash Ojha, GA-7 Mr.Abhishek Singh (A.C. to G.A.7) For the Respondent/s :
Mr.Additional Solicitor General ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-08-2024 The present writ petition has been filed seeking the following relief:- "1. That this writ application is being filed for issuance of an appropriate writ or writs preferably in the nature of Certiorari for setting aside the order dated 20.03.2023 passed by the National Human Rights Commission, New Delhi (hereinafter called NHRC) in Case Nо. 156/4/6/2020 JCD contained in Annexure-1 of this writ application,
Patna High Court CWJC No.15138 of 2023(2) dt.20-08-2024 2/3 whereby the Hon'ble NHRC in exercise of powers under section 18 (i) (a) of Protection of Human rights Act, 1993 has recommended / directed the State of Bihar through it's Chief Secretary to pay a sum of Rs. 5,00,000/- (five lakhs) to the next of kin of the deceased namely Pramod Singh."
2.
Though the present writ petition has been filed for quashing of the order dated 20.03.2023 passed by the National Human Rights Commission, New Delhi in Case No. 156/4/6/20 JCD, whereby and whereunder the petitioners have been directed to pay a sum of Rs. 5,00,000/- (rupees fice lac) to the next kin of the deceased, namely, Pramod Singh, however, considering the facts and circumstances of the case and taking into account the paltry amount of compensation directed to be paid to the deceased, who is stated to have died on account of lack of proper treatment in the District Jail, Ara, the present writ petition is not and cannot also be seriously pursued as also this Court feels that in the interest of justice and taking into account the equities prevailing in the present case, a conscientious
Patna High Court CWJC No.15138 of 2023(2) dt.20-08-2024 3/3 quietus ought to be given to the present case, hence I deem it fit and proper to dispose off the present writ petition, without obtruding with the impugned order dated 20.03.2023, nonetheless, the present order shall not be treated as a precedent, since the same is being passed in the peculiar facts and circumstances of the present case.
(Mohit Kumar Shah, J) S.Sb/- U