The Commission has stated that technical considerations for shifting a patient to the hospital cannot outweigh the right of the patient to proper health care and as such, his right to life. The Commission expressed its anguish at the utter lack of sensitivity on the part of prison authorities of the District Jail, Banda, UP while handling the case of an undertrial prisoner, Babu Lal, who succumbed to his burn injuries.
The Commission observed that records show that instead of taking prompt action to follow the advice of the Surgeon of the District Hospital, Banda, the jail authorities entered into a bureaucratic tussle with the police authorities on the point as to who was responsible for providing guard (escort) and transport for taking the victim prisoner to Lucknow Medical College for treatment. Because of this approach adopted by the authorities the patient could not be given proper medical treatment. The Commission stated, "this reflects sadly on the concern of the State authorities for human life".
The Commission directed the Chief Secretary, UP and DGP, UP to personally look into the matter and bring about appropriate systemic changes so that such unfortunate incidents are prevented in the future. They have also been directed to organize training programmes for the law enforcement officers to apprise them of the provisions of jail manual and also to sensitize them to show respect towards human rights of the detainees.
The Commission recommended that appropriate directions be issued to all concerned that whenever a human life is involved and the case is of urgent nature, prompt action for proper medical treatment of the detainees should be taken by the officials concerned.