# Bhubaneswar Man vs State Of Orissa And Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2016-0002](https://datalibertarian.in/babuwatch/incident/CW-2016-0002)

## Report card

By judgment dated 28 January 2016 in W.P.(C) No. 13941 of 2012, the Orissa High Court (Coram: B.R. Sarangi, J.) returned findings adverse to 2 police personnel, namely: Alok Kumar Jena (Inspector In-Charge); Banamali Das (Assistant Sub-Inspector), and directed payment of compensation of Rs 5 lakh (Rs 5,00,000).

- Register number: OD 02 CW 0002
- Case reference: W.P.(C) No. 13941 of 2012
- Court and date: Orissa High Court (Coram: B.R. Sarangi, J.), 28 January 2016
- Officer(s) at the material time: Alok Kumar Jena (Inspector In-Charge); Banamali Das (Assistant Sub-Inspector)
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Article 21 of the Constitution of India; Article 226 of the Constitution of India; Article 227 of the Constitution of India
- Finding of the Court (extract): “Allowing a Bhubaneswar man @ Pigi (deceased) to remain in police station and directing for investigation without taking proper care of the injured a Bhubaneswar man @ Pigi itself indicates that due care has not been taken by the police …” (at para 17)
- Verdict, sentence and quantum: Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 5 lakh (Rs 5,00,000).
- Present status of the proceedings: No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/144823053/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2016-0002)

**Record:** CW-2016-0002 (compiler id CWC-0292); case ODISHA-016
**Title:** Bhubaneswar Man vs State Of Orissa And Others
**Court:** Orissa High Court; judges: Dr. B.R. Sarangi
**Case number / citation:** W.P.(C) No. 13941 of 2012
**Judgment:** 2016-01-28 (2016, day precision)
**Incident date:** 2012-06-05 (2012)
**Place:** Khordha, Odisha; city town: Bhubaneswar; police station or unit: Saheed Nagar Police Station; force: state_police
**Category:** Violence & unlawful detention
**Sub-category:** custodial death
**Outcome:** Adverse finding + compensation (adverse_finding_compensation)
**Sections:** Article 21; Article 226; Article 227
**Officers (gated display forms):** Alok Kumar Jena (Inspector In-Charge); Banamali Das (Assistant Sub-Inspector) (2 in record)
**Victims:** Bhubaneswar man, age 27 (1 in record)
**Sentence / compensation:** compensation only; Rs 5 lakh (Rs 5,00,000)
**Sentence type:** compensation only (compensation_only)

The judgment of the Orissa High Court records the following account. On 5 June 2012, 27-year-old a Bhubaneswar man was assaulted by members of the public after an altercation and brought injured to Saheed Nagar Police Station in Bhubaneswar. Rather than sending him immediately for medical treatment, police detained him for several hours to register a case and carry out spot investigation; he subsequently collapsed from pain and was declared dead upon arrival at Capital Hospital. Both the CBI inquiry and a Magisterial inquiry concluded that the death occurred in custody due to gross police negligence in withholding timely medical aid. The Orissa High Court held that the right to life under Article 21 encompasses access to emergency medical care, awarded Rs. 5,00,000 compensation to the deceased family, and directed that the full amount be recovered from IIC Alok Kumar Jena and IO Banamali Das. Matters not addressed in the cited judgment text are not recorded here.

> Allowing a Bhubaneswar man @ Pigi (deceased) to remain in police station and directing for investigation without taking proper care of the injured a Bhubaneswar man @ Pigi itself indicates that due care has not been taken by the police authority causing negligence in their duty. Therefore, failure to provide timely medical treatment amounts to breach of right to life.

**Sources (3):** [indiankanoon.org](https://indiankanoon.org/doc/144823053/); [courtkutchehry.com](https://www.courtkutchehry.com/judgements/111047/rabindranath-mohapatra-appellant-hash-state-of-orissa-respondent/); [sambadenglish.com](https://sambadenglish.com/odisha-rights-body-victims-family-hail-cbi-probe-custodial-death/)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** brutality
**admin subcategory:** custodial_death
**allegations:** {'category': 'Custodial death', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 17
**display title redacted:** Bhubaneswar Man vs State Of Orissa And Others
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '2016-01-28', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Orissa High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Orissa High Court recorded adverse findings against police personnel and ordered Rs 500,000.', 'disposition': 'Compensation ordered · Supports allegation (for the compensated wrong only)', 'source': 'W.P.(C) No. 13941 of 2012', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/144823053/', 'link_checked': None}; {'url': 'https://www.courtkutchehry.com/judgements/111047/rabindranath-mohapatra-appellant-hash-state-of-orissa-respondent/', 'link_checked': None}; {'url': 'https://sambadenglish.com/odisha-rights-body-victims-family-hail-cbi-probe-custodial-death/', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** custodial death
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** Orissa HC held failure to provide timely medical care to injured arrestee caused death in police custody violating Article 21, awarding Rs. 5 lakh compensation recoverable from IIC and IO.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Adverse finding + compensation.

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