complaint to the District Magistrate and Superintendent, Central Jail, Sriganganagar for
comments.
4.13 Pursuant to the direction of the Commission, the Superintendent, Central Jail,
Sriganganagar submitted the detailed report, health screening report, treatment record,
inquest report and PMR. Later on, the viscera report, final cause of death, CD of post
mortem examination and the copy of magisterial enquiry report were received.
4.14 The Commission considered the reports on 09.07.2014 when it observed and directed
as under:“The detailed report reveals that the prisoner was admitted in the jail on 14.8.2011 on
transfer from sub Jail Suratgarh. According to the report, at the time of admission in
the Jail, the health condition of the prisoner was normal. He fell ill on 8.2.2013 and
was admitted in Ganganagar Government hospital and he was discharged from the
hospital on 10.2.2013. Again, he was admitted in the jail Hospital on the same day and
in the night when his health suddenly deteriorated, he was referred to Sriganganagar
hospital, the prisoner was declared brought dead.
The inquest report does not show any external injury on the body of the deceased and
the opinion formed was that the deceased died due to heart attack. The post mortem
report too does not indicate existence of any external injury on the body of the corpse
and the doctor who conducted the post mortem examination has not given his opinion
pending the findings on the viscera report. The chemical examination report on the
viscera gave negative test for metallic poisons, ethyl and methyl alcohol, cyanide
alkaloids, barbiturates, tranquilizers and insecticides. The enquiring magistrate, who
considered the evidence & other materials before him, has held that the death of
the deceased prisoner Som Dutt had already taken place before he was shifted to
the District Hospital and the cause of death was due to cardiac arrest. According to
the magistrate, there was no evidence suggesting negligence on the part of the jail
authorities and the deceased died a natural death due to cardiac arrest.
The Commission finds that the material on record, though does not suggest any
contrary opinion vis-à-vis the opinion of the medical board, its anxious concern is
that whether there was any negligence in giving proper treatment by jail authorities.
In fact, during course of magisterial enquiry, a co-prisoner of the deceased viz. Rajiv
Sharma who claims to be an eye witness to the entire facts and circumstances that
led to the death of the deceased, has testified that the deceased was not at all given
medical attention despite specific request by him and other co-prisoners in the jail.
Even they went to the extent of resorting to mass protest. The enquiry magistrate
has simply rejected the testimony of Rajiv Sharma on the ground that there was no
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National Human Right Commission Annual Report - 2014-2015