CHAPTER 4 4.18 Superintendent, Central Prison, District Trichy, Tamil Nadu vide his intimation dated 5.11.2011 informed the Commission about the death of detenue Suresh Kumar, son of Shri Chellmuthu, aged 26 years on 5.11.2011 while getting treatment in the hospital. As per intimation, he was admitted in the prison on 24.8.2011. 4.19 Pursuant to the directions of the Commission dated 22.11.2011, all the requisite reports were received from the State authorities. 4.20 As per inquest report and the postmortem report there were no external injuries on the body of the deceased except surgical wound. It opined that the deceased had died due to “kidney and liver disease”. No poisonous substance was found in the viscera report. As per heath screening report, the deceased was suffering from abdomen pain and was a diabetic at the time of admission. The magisterial enquiry concluded that the deceased had died because of illness. As per treatment record, the deceased was a known case of diabetes on irregular treatment. He was admitted in the prison hospital on 2.11.2011 in semi-conscious condition with complaint of chest pain and, on the recommendations of the prison doctor, he was referred to AGM Government Hospital, Trichy on 2.11.2012 at 10:40 p.m. where he died during treatment on 5.11.2011. The medical treatment record of the deceased was placed before the Forensic Expert on the panel of the Commission in order to find out as to whether or not there was any negligence in the treatment of the deceased. The Forensic Expert gave his opinion and thereafter the Commission sought clarification from the Superintendent of Prison, Central Prison, Trichy regarding treatment rendered to the deceased between 24.8.2011 to 2.11.2011. 4.21 The Commission further considered the matter on 10.7.2013 when it observed and directed as under:“Keeping in view the opinion of the Forensic Expert and the treatment given to the deceased during the period 25.8.2011 to 2.11.2011, the Commission is prime facie of the view that proper and timely medical treatment was not provided to the deceased despite his being a known case of diabetes for which, the jail authorities are vicariously liable. Accordingly, the Commission directs that a notice under Section 18 of the Protection of Human Rights Act, 1993 be issued to the Chief Secretary, Government of Tamil Nadu to show cause as to why a recommendation be not made for paying compensation to the next of kin of the deceased who died at a very young age because of non-availability of timely medical aid. Superintendent of Prisons, Central Prison, Trichy, Tamil Nadu is also directed to initiate appropriate enquiry against the delinquent medical officials for not ensuring proper medical treatment to the deceased and take appropriate disciplinary action against them. A report in this regard be submitted within four weeks.” National Human Right Commission Annual Report - 2014-2015 33