HC holds Govt. responsible for death of undertrial

By Our Legal Correspondent

HYDERABAD, JUNE 29. Mr. Justice E. Dharma Rao of the High Court has declared that it is the duty of the jail authorities to arrange medical aid to inmates and has issued various guidelines to incorporate appropriate rules which would facilitate the jail authorities to rush medical aid to prisoners and undertrials in jails. The Judge directed the Government to pay Rs. 1,50,000 to the family members of Shaik Chand who died while he was an undertrial in sub-jail, Khammam, due to lack of medical assistance.

Mr. Justice Dharma Rao was allowing a writ petition filed by Mrs. Noorinnisa Begum, who complained that her husband who was in judicial remand pursuant to registration of a petty crime died on the premises of the sub-jail as the authorities did not arrange medical aid even though her husband complained of chest pain in the early hours of 3-12-1991. She said that she was not informed of the death till the body reached her. The Judge called for records including the reports of the Revenue Divisional Officer who conducted an enquiry into the death. Mr. Justice Rao found that the Government did not provide any medical facility in the sub-jail. Prima facie finding by the RDO that Shaik Chand died because medical treatment was not provided was also taken note of by the Judge. The court felt that the jail authorities spent four and half hours to obtain escort from the office of the Superintendent of Police in the name of rules and the prisoner died in the jail. ``Due to non-provision of those medical facilities to give first aid to the inmates of the sub- jail Shaik Chand died. Therefore the State cannot absolve its duty to provide medical facilities to the inmates of jail,''the judge observed.

Mr. Justice Dharma Rao directed all jail authorities in the State to meet the exigencies and emergency circumstances to shift sick prisoners to hospital for treatment and back to jail with police escort without waiting for reserve police escort.

Dealing with the Prisoners (Attendance in courts) Act, 1955 and the A.P. Prisoners (attendance in Courts) Rules 1977, the court wondered why the amendment to rule 10-A, proposed by the Inspector-General of Prisons to facilitate escort of prisoners to hospital by the police, instead of armed reserve police, has not been carried out. The judge directed the Government to consider the proposal and take action forthwith. Apart from paying compensation which is to be deposited in a nationalised bank, the court directed the authorities to consider the recommendation made by the police authorities and the district Collector to provide for a house for Shaik Chand's wife.

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Section  : Southern States
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