In the aforesaid background, the Chief Secretary, Government of Rajasthan is directed
to show cause why an appropriate monetary compensation u/s 18 of the Protection of
Human Rights Act, 1993, of Rs. 3,00,000/- should not be awarded to the next of the
kin of the deceased convict prisoner Som Dutt who breathed his last due to negligence
of both Hospital as well as Jail authorities Sriganganagar, Rajasthan. Further, a report
be submitted showing as to what actions are taken/ contemplated against the erring
officials for whose negligence the prisoner died. Reply within six weeks.”
4.15 Pursuant to the directions of the Commission, a reply dated 21.10.2014 from the
Deputy Secretary to the Government of Rajasthan, Home (Human Rights) Department has
been received. In the report, the concerned authority has replied that the deceased prisoner
died of a heart attack and his pulse rate showed nil. The prison authorities tried their level
best to save the life of the prisoner but to no avail. According to the report, the concerned
authorities have not wasted a single opportunity to give another chance but ultimately the
deceased prisoner did not respond. The report replies that under the circumstances, the next
of kin of the deceased prisoner are not entitled to any compensation.
4.16 The matter was further considered by the Commission on 16.2.2015 when it observed
and directed as under:-
•
“The Commission has carefully considered the reply. The reply does not address the
core issue of negligence as discussed in the order of the Commission dated 9.7.2014.
It must be understood that even though the prisoner was in jail custody his Right to
Life under Article 21 of the Constitution is still guaranteed and it is inviolable. No
justification has been shown by the concerned authority as to why the prisoner was
discharged without an echo-test having been done as advised. When it is a question of
human rights of a prisoner, the State Authorities cannot be permitted to repudiate its
obligation to ensure safety of the prisoner under a self justifying proposition. There is
a violation of the human rights of the prisoner and the Sate is strictly liable to make
necessary compensation to the next of the kin of the deceased prisoner for the loss of
life. The Chief Secretary to the Government of Rajasthan is to make a compensation
of Rs. 3 lakhs as recommended and submit compliance within six weeks with proof
of payment.”
4.17 Compliance report is awaited and the matter is still under consideration of the
Commission.
2. Death of Detenue due to Negligence in Medical Treatment by
Authorities of Central Prison, Trichy District, Tamil Nadu (Case No.
1551/22/36/2011-JCD)
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National Human Right Commission Annual Report - 2014-2015