Orissa High Court

Cuttack, Jan. 12: Orissa High Court today admitted a writ petition seeking Rs 25 lakh compensation in connection with the death of two convicts – father and son — who were stoned to death inside the Special Sub Jail in Boudh on the night of September 21, 2010.

“The state is liable to pay the compensation to the next kin of the deceased convicts as they were brutally murdered while undergoing sentence due to the evident failure arising out of negligence and lapses of the jail authorities,” the petition contends.

The two convicts killed – Sudarsan Kanhar and his son Duryodhan Kanhar of Doradamunda village that fall in Harabhanga police limits of Boudh district — were serving life imprisonment at the Special Sub Jail in Boudh for the murder of Kishore Chandra Behera on September 5, 1999. Another son Bhimasen Kanhar, who was also convicted in the murder case, is serving his life sentence at Biju Patnaik Open Air Ashram at Jamujhari. Sabitri Kanhar (70) and Kaikeyee Kanhar (40), the two widows of the two deceased convicts, had filed the petition.

“After a preliminary hearing, the two-judge bench of Chief Justice V. Gopal.Gowda and Justice B.N. Mohapatra today admitted the writ petition and issued notices to the principal secretary, home department, the inspector general of prisons and superintendent of Boudh Sub Jail,” the petitioners’ counsel Prabir Das told The Telegraph.

“The court also directed the respondents to file their replies within two weeks,” Das said.

The petition had cited the report of the deputy inspector general of prisons (Berhampur range), who had on September 22, 2010, conducted an inquiry into the murder.

“During the course of the inquiry, I learned that officers concerned are not attending lock-up and unlock-up of the wards because of which the guarding staff are neglecting their duties: not searching the wards before lock-up, as a result of which this unfortunate incident took place inside the Special Sub Jail, Boudh on September 21, 2010. The jailor-cum-superintendent, Arun Kumar Rath, is squarely responsible for the security mismanagement of the jail,” the report had observed (as quoted in the petition).

“The sufferings of the family caused by the death of the two senior adult members, is left unmitigated as the sole surviving adult male member of the family, Bhimasen Kanhar, who was also convicted in the murder case, was serving life sentence at Biju Patnaik Open Air Ashram at Jamujhari. Hence the payment of suitable compensation by the state has become imperative to ensure the livelihood of the family and for securing the upbringing/education of two children,” the petition contends.