NATIONAL HUMAN RIGHTS COMMISSION
conducted autopsy, as well as Dr. Devraj, Assistant Prof. Forensic Medicine, regarding the cause
of death is to be treated as erroneous and illogical, irrational, particularly in view of the facts
that the deceased was a healthy young person of 25 years of age without any history or clinical
presentation of heart disease. It was a typical case of custodial torture which is extremely difficult
to interpret by doctors who have no expertise in this field”.
4.24 The Commission, on 17.09.2015, perused the opinion given by the Forensic Expert on
the panel of the Commission. On the basis of the opinion of the medical expert on its panel,
it took the view that the State has failed to protect the prisoner in the custody making itself
vicariously liable. The Commission therefore, issued a notice u/s 18 (a) (i) of PHRA, 1993 to
the Chief Secretary, Government of Andhra Pradesh, calling upon him to Show Cause as to
why monetary compensation should not be paid to the next-of-kin of the deceased undertrial
prisoner Goura Siddulu for violation of his human rights as well as the next-of-kin.
4.25 The Director General of Prisons and Correctional Services, Telangana State, vide
communication dated 04.05.2016, submitted a reply to the show cause notice, wherein it was
stated that the undertrial prisoner Goura Siddulu died due to “acute respiratory distress syndrome
from cardiomyopathy”, which is a natural death and there was no negligence on the part of the
prison administration in providing constant medical treatment to the above deceased prisoner.
Thus, there was no need to pay any compensation to the next-of-kin of the deceased. However,
it was left to the decision and discretion of the authorities of NHRC to recommend or award
monetary compensation to be paid to the next-of-kin of the deceased prisoner.
4.26 The Commission, on 29.06.2016, considered the matter again and observed that the
response submitted by the Director General of Prisons, Government of Telangana was not
convincing because it did not explain satisfactorily the injuries found on the body of the deceased.
Keeping this in view and also considering the opinion of the Medical Expert, the Commission
maintained the view that it is a case of custodial torture and a clear case of violation of human
rights of the victim Goura Siddulu. Thus, the next-of-kin of the deceased undertrial prisoner
Goura Siddulu were entitled for compensation. The Commission, therefore, recommended that
a sum of ` 3,00,000/- (Rupees Three Lakh only) be paid to the next-of-kin of the deceased
undertrial prisoner Goura Siddulu by the Government of Telangana. The compliance report
along with the proof of payment has since been received and the case closed by the Commission.
4. Death of an Undertrial Prisoner in Central Jail No.1, Tihar, New Delhi, for Want of Timely
Proper Medical Care
(Case No. 2632/30/1/2012-JCD)
4.27
The Commission received an intimation from the Superintendent, Central Jail No. 1,
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ANNUAL REPORT 2016-2017