NHRC observes lapse of Tihar Jail authorities lead to the death of an under trial prisoner: Recommends Rs.3 Lakh as relief to family

New Delhi, 23rd April, 2013

Not satisfied with the contention of the Delhi Prison Authorities, the National Human Rights Commission has held that grant of interim relief to the next of kin of an under trial prisoner of Tihar Jail who died in judicial custody is justified on the ground of administrative lapse in not providing specialized medical treatment to him. The under trial prisoner, Mohd. Irshad, died on 28.11.2011 in Deen Dayal Upadhyaya Hospital.

The Commission has recommended that the Delhi Government pay Rs.3 Lakhs as an interim relief to the next of kin of the deceased and send the proof of payment to the Commission within four weeks from the date of receipt of its directions.

The Commission has observed that the points raised in its show cause notice have not been replied by the Prison Authorities. The deceased was scheduled to be taken to the AIIMS on three occasions on 27.10.2011, 09.11.2011 and 22.11.2011 but the scheduled visits were cancelled due to non-availability of ambulance. The prison authorities have also not stated as to why the deceased was referred to the Emergency of the Deen Dayal Upadhyaya Hospital instead of being taken to the AIIMS.

All these points were also raised by the Metropolitan Magistrate in his report and had held that the authorities moved casually despite having the knowledge that the under trial prisoner required specialized treatment.

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