New Delhi, April 22nd, 2010
The National Human Rights has recommended that the Government of Uttar Pradesh pay rupees three lakh as monetary relief to the next of kin of Suresh Jaiswal, who died in judicial custody for want of proper medical treatment.

The Commission disagreed with the contention of the Special Secretary, Government of Uttar Pradesh that there has not been any medical negligence on the part of the jail doctors, and hence the grant of monetary relief is not justified. His reply came in response to the notice of the Commission to the Uttar Pradesh Government seeking to know why, in the light of the inquiry reports, monetary relief should not be granted to the next of the kin of the deceased.

Suresh was lodged as an undertrial prisoner in District Jail, Mirzapur on the 2nd August, 2004. He died in Shiv Prasad Gupta Hospital, Varanasi on 13th May, 2007, where he was referred by medical officer, District Hospital, Mirzapur. The cause of death was reported septicaemia shock due to infection in lungs and lever. The Commission took up the case on intimation from Superintendent of District Jail, Mirzapur, vide his communication dated 13th May, 2007.

The Commission in its proceedings in the case no. 6958/24/55/07-08-JCD observed on the 19th April, 2010 that the magisterial inquiry report held jail medical staff negligent. The report also found negligence on the part of the Deputy Jailor. The doctors who treated Suresh in District Hospital, Mirzapur and Shiv Prasad Gupta Hospital, Varanasi were also negligent as they did not provide proper expert treatment to the prisoner.

The Commission said that victim Suresh was aged 28 years, and he was in care and custody of the State. In the circumstances of the case the grant of rupees three lakh as monetary relief to the next of the kin of deceased is justified. The Commission has also asked the Chief Secretary, Government of Uttar Pradesh to send a proof of payment along with the action taken report against the negligent medical officers of the jail and district medical hospitals within eight weeks.

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