Annual Report 2010-2011 7. Death of Undertrial Prisoner Abdul Sattar in Special Sub-Jail Davangere, Karnataka (Case No. 440/10/2005-2006-CD) 4.30 Superintendent, Special Sub-Jail, Davangere, Karnataka vide communication dated 27 January 2006 informed the Commission about the death of an undertrial prisoner, Abdul Sattar, son of Abdul Wahab, aged 40 years, while undergoing treatment in C.G. Hospital, Davangere on 27 January 2006. As per report dated 2 November 2010 received from the Superintendent of the Special Sub-Jail in Davangere, the condition of Abdul Sattar was not found to be good when he was admitted in the jail on 16 December 2005. 4.31 Pursuant to the directions of the Commission, the inquest, post-mortem and magisterial enquiry reports along with the exact cause which led to the death of Abdul Sattar as well as his complete medical treatment records were summoned forth from the State. The inquestcum-magisterial enquiry report revealed that the cause of death of the deceased was due to gastro-intestinal tract bleeding. The Magistrate concluded that there was no foul play in the death of the deceased. The post-mortem report showed no external injuries on the body of the deceased. The medical record showed that the deceased was given treatment with effect from 26 January 2006. 4.32 The Commission vide its proceedings dated 24 January 2011 directed that a copy of the treatment record of the deceased be forwarded to the expert on the panel of the Commission for examination, who opined that the undertrial prisoner was admitted to the jail on 16 January 2005 and at that point of time he was suffering from various ailments. However, no treatment record of the undertrial was available for the period from 16 December 2005 to 25 January 2006. As his lower limb was fractured, he was provided treatment, including application of Plaster of Paris cast on 26 January 2006. On the very same day, he vomited blood, after which he was admitted to C.G. Hospital in Davangere, where he died on 27 January 2006 at 2:15 a.m. As per the post-mortem report, both his eyes were yellowish and the liver had enlarged. The cause of death was given as “hypo-volumic shock and septicaemia due to bleeding duodenal ulcer and lung infection”. As per the findings of the post-mortem report, the Commission observed that it appeared to be a case of ‘cirrhosis of liver leading to portal hypertension’, which is a disease that develops over a period of time and not instantly. As per available records it was only on 26 January 2006, when the deceased had a fracture and vomited blood that he was referred to a hospital for the first time. The medical expert thus was of the view that prima facie it appeared that adequate treatment was not provided to the deceased for various ailments during his stay in the jail from 16 December 2005 to 25 January 2006. 4.33 In the light of the opinion given by the medical expert, the Commission felt that there was negligence on the part of the State authorities in not providing timely treatment to the deceased for his ailments at the time of his admission in the jail. This act of omission on the part of the jail officials in not providing timely and proper treatment to the deceased resulted in untimely death of the deceased and unquestionably it amounted to violation of his human rights. The Commission hence directed the Chief Secretary of Government of Karnataka to show-cause as to why appropriate monetary relief be not recommended to the next of kin of the deceased. The reply to the show-cause notice is awaited from the Chief Secretary, Government of Karnataka. 24 NHRC