NHRC recommends Rs.2 lakh in two cases of death in Tihar Jail, Delhi; asks Delhi Chief Secretary to submit ATR against the guilty (17.4.2014)
PRESS RELEASE
New Delhi, 17th April, 2014
In two cases of death in judicial custody in Tihar Jail, the National Human Rights Commission has asked the Government of NCT of Delhi to pay monetary relief Rs. one lakh each to the next of kin of the deceased under trial prisoners, Prakash and Devi Ram. Prakash died on the 9th April, 2010 and Devi Ram died on the 11th December, 2010. In both the cases, the Commission has asked the Chief Secretary of the Government of NCT of Delhi to send compliance report within six weeks along with proof of payment and report on the action taken against the officers found guilty of human rights violation of the victims.
During the course of enquiry and the material provided on record by the concerned authorities, the Commission found that Prakash died while undergoing treatment in Rajan Babu T.B. Hospital. He was lodged in Central Jail No. 3, Tihar since the 25th November, 2009 in connection with case u/s 363,366,376 IPC. The Magisterial enquiry report held that the deceased expired due to natural disease, however there was negligence on the part of the doctors of Tihar Jail in providing timely treatment to the deceased. The Board of Doctors opined that Pulmonary Tuberculosis is a curable disease. The Commission has asked the Chief Secretary, Government of NCT of Delhi to initiate disciplinary action against the doctors found negligent in their duty.
In the case of Devi Ram, the Commission found that there was unnecessary delay on the part of the Jail authorities in sending him to Deen Dayal Upadhyaya Hospital where he was declared brought dead. The under trial prisoner was having breathing problem and the Magisterial enquiry report had mentioned that delay of 50 minutes in carrying him to hospital proved fatal and there was no explanation provided for this unnecessary delay. The Medical Officer also observed that his life could have been saved if he had reached hospital in time. It was also revealed that Jail authorities and Delhi Armed Police could not coordinate well in transporting the patient by a private vehicle in absence of a government vehicle. The Commission has observed that whether it was the carelessness of the Jail authorities or Delhi Armed Police authorities, Devi Ram lost his life due to delay in sending him to Deen Dayal Upadhyaya Hospital thus the State of NCT of Delhi is vicariously liable for the negligence of its employees and hence, it has to pay relief to the next of kin of the deceased.
*****
New Delhi, 17th April, 2014
In two cases of death in judicial custody in Tihar Jail, the National Human Rights Commission has asked the Government of NCT of Delhi to pay monetary relief Rs. one lakh each to the next of kin of the deceased under trial prisoners, Prakash and Devi Ram. Prakash died on the 9th April, 2010 and Devi Ram died on the 11th December, 2010. In both the cases, the Commission has asked the Chief Secretary of the Government of NCT of Delhi to send compliance report within six weeks along with proof of payment and report on the action taken against the officers found guilty of human rights violation of the victims.
During the course of enquiry and the material provided on record by the concerned authorities, the Commission found that Prakash died while undergoing treatment in Rajan Babu T.B. Hospital. He was lodged in Central Jail No. 3, Tihar since the 25th November, 2009 in connection with case u/s 363,366,376 IPC. The Magisterial enquiry report held that the deceased expired due to natural disease, however there was negligence on the part of the doctors of Tihar Jail in providing timely treatment to the deceased. The Board of Doctors opined that Pulmonary Tuberculosis is a curable disease. The Commission has asked the Chief Secretary, Government of NCT of Delhi to initiate disciplinary action against the doctors found negligent in their duty.
In the case of Devi Ram, the Commission found that there was unnecessary delay on the part of the Jail authorities in sending him to Deen Dayal Upadhyaya Hospital where he was declared brought dead. The under trial prisoner was having breathing problem and the Magisterial enquiry report had mentioned that delay of 50 minutes in carrying him to hospital proved fatal and there was no explanation provided for this unnecessary delay. The Medical Officer also observed that his life could have been saved if he had reached hospital in time. It was also revealed that Jail authorities and Delhi Armed Police could not coordinate well in transporting the patient by a private vehicle in absence of a government vehicle. The Commission has observed that whether it was the carelessness of the Jail authorities or Delhi Armed Police authorities, Devi Ram lost his life due to delay in sending him to Deen Dayal Upadhyaya Hospital thus the State of NCT of Delhi is vicariously liable for the negligence of its employees and hence, it has to pay relief to the next of kin of the deceased.
*****