HC asks govt, jail authorities to respond to plea alleging death of undertrial due to negligence

New Delhi, Jul 24 (PTI) The Delhi High Court Monday sought response of city government and Tihar jail authorities on a plea alleging negligence of jail officials in providing proper medical treatment to an undertrial prisoner leading to his death.

Justice Subramonium Prasad issued notice to the Delhi government and Director General (Prisons) and Superintendent of Tihar Jail no. 3 on the petition filed by the mother of the deceased.

The high court listed the matter for further hearing on December 18.

Petitioner Sunita (68) has claimed her 32-year-old son Deepak Kumar Yadav was arrested in 2010 in a murder case and, while he was in jail, he suffered from some gastrointestinal issues in March 2018 due to “unhygienic” conditions there and was taken to the doctors at the prison dispensary.

The petition, filed through advocate Amit Kumar, alleged Yadav repeatedly complained of severe pain in the lower abdomen but was not given proper medical treatment by the medical staff in th jail. He was allegedly administered painkillers without proper diagnosis.

Yadav’s condition deteriorated, and when it turned critical, he was referred to Lok Nayak Jai Prakash Hospital where he was diagnosed with ‘perforation peritonitis’, which was at an advanced stage, and a surgery was performed. Perforation peritonitis in a surgical emergency which is quite common in the country in which the peritoneum, the membrane lining the abdominal cavity, gets perforated.

“Petitioner as well as deceased both made several request to the trial court regarding the casual attitude of jail authorities towards deceased’s sickness, but no result because the respondents kept submitting false information before the court regarding the treatment of the prisoner,” the petition said.

It said Yadav’s was a classic example of violation of human rights of an undertrial prisoner resulting in his death.

It alleged the “systemic failure” aggravated the cause leading to the death of the undertrial prisoner as he could not recover from his surgery.

“These facts revealed the failure or omission of the jail medical officer including other authorities in timely diagnosing the exact cause of his disease, giving proper treatment, regular follow-up and referral to speciality hospital,” the plea claimed.

The petition sought a direction to the authorities to pay Rs 20 lakh as compensation to the woman on account her son’s death in judicial custody.

It also sought a direction to the government to consider providing a job to one of the family members on compassionate grounds.