NATIONAL HUMAN RIGHTS
COMMISSION, INDIA
2.
v.
The Commission issued a notice under Section 18 of the Protection of Human Rights Act
(PHRA), 1993 to the Government of West Bengal, through its Chief Secretary, requiring
it to show cause within six weeks as to why the Commission should not recommend
payment of Rs.2,00,000/- as compensation to the next-of-kin of the deceased convict,
Sujan Bagdi, who died in the custody of District Correctional Home, Howrah, West Bengal,
on 13 December 2013.
vi.
The reply to the Show Cause Notice is awaited.
Death of convict prisoner Thota Chenchu Maddilety @ Maddelagaddus, s/o Machu
Nagadu, on 7.10.2013 in the custody of Central Jail, Kadapa, Andhra Pradesh.
(Case No.1108/1/4/2013-JCD)
i.
This case pertains to the death of convict prisoner Thota Chenchu Maddilety @
Maddelagaddus, s/o Machu Nagadu, on 7.10.2013 in the custody of Central Jail, Kadapa,
Andhra Pradesh.
ii.
Pursuant to the directions of the Commission, the reports received from the authorities
were considered by the Commission and observed that the deceased was a 41 years old
prisoner who died due to, “Chronic lung disease” which is curable if diagnosed in time and
treated properly. Therefore, the Commission sought opinion Dr. Thejaswi H.T., Assistant
Professor, Forensic Medicine, PGIMER & Dr. RML Hospital, New Delhi and Forensic Expert
on the panel of the NHRC who opined as under : “Chronic lung diseases are seldom curable by treatment. However, one can prevent chronic
changes in the lungs, by adequate management of clinical condition at the initial stages. The
term chronic means something which has been persisting for a long time, designating one
showing little change or extremely slow progression over a long period. It includes numerous
conditions caused due to infection (tuberculosis), auto immune causes (asthma), vascular
causes (cardiac causes like congestive heart failure), smoking, substance abuse, etc.Here
in my opinion, the deceased was suffering from chronic lung disease in the form of Chronic
Obstructive Pulmonary Disease. Due to acute exacerbation of chronic infection, he developed
fever with convulsions (at 08.45 AM), for which he was referred to higher centers where he was
declared brought dead at 09.30 AM on 02.07.2014.
Here we can see that the deceased prisoner patient was suffering from fever with cough and was
treated on numerous occasions in the jail hospital from 2404.2011 till 15.09.2013. Had the Medical
officer in the prison did a thorough workup, including Chest X-ray, Sputum for AFP, Sputum culture
and sensitivity etc., he could have been managed in a better way. On the contrary, he was just given
treatment on OPD Basis.
Hence, there is inadequacy of treatment in this case.”
iii.
36
The Commission considered the report of the Forensic Expert on the panel of the
Commission and observed that the facts and circumstances as brought out in the report, as
ANNUAL REPORT 2018-19