NATIONAL HUMAN RIGHTS COMMISSION Director General (Investigation) to collect requisite facts and reports. 4.14 The Commission perused the record, particularly the medical treatment record, postmortem report and the magisterial enquiry report, received in response to its directions. The deceased was reportedly undergoing treatment first in the Jail Hospital and later in the MBS Hospital for pyorrhea and malaria with psychotic depression with septicemia. The doctors deposed before the Enquiry Magistrate that, as per viscera and histopathology report, the final cause of death of the prisoner was Pneumonia and septicemia. Though the Enquiry Magistrate did not raise suspicion or find negligence in the death of the deceased, presence of considerably large size of bedsores i.e. 15x10 cms on both buttocks showed negligence on the part of the jail hospital and MBS Hospital, Kota. 4.15 The Commission, therefore, obtained medical opinion of medical experts on its panel about the medical treatment provided to the deceased to rule out any negligence. The medical expert on the panel of the Commission, Dr. Thejaswi H T, Assistant Professor of Forensic Medicine, PGIMER and Dr. RML Hospital, New Delhi, opined that during autopsy, the deceased was found to have pressure sores measuring 15cms x10cms, infected with pus pockets. The cause of death was given as pneumonia and septicemia. It is a well-known fact that pressure ulcers are painful, debilitating and potentially serious outcome of a failure to provide sufficient nursing or medical care. Hence, there was negligence on the part of Jail Hospital and MBS Hospital, Kota, as pressure sores are largely preventable and its development adversely impacted the clinical condition of the patient, contributing to his death. 4.16 In view of this opinion of the medical expert, it was established that there was negligence on the part of the jail hospital and MBS Hospital, Kota in providing sufficient nursing or medical care resulting in violation of right to life of the deceased prisoner guaranteed under Article 21 of the Constitution. The Commission, therefore, directed to issue a notice to the Chief Secretary, Government of Rajasthan to show cause u/s 18 of the PHRA 1993, as to why monetary compensation should not be recommended to be paid to the next-of-kin of the deceased undertrial prisoner Raju alias Rajendra for violation of his human rights. 4.17 In response to the notice, the Joint Secretary to the Government of Rajasthan, vide report dated 20.03.2015, opposed the grant of compensation on the ground that the best possible treatment was provided to the deceased (prisoner) who died due to pneumonia/ septicemia, and his death was natural death and that no carelessness was made by the jail administration. 4.18 The Commission considered the report of the Joint Secretary to Government of Rajasthan on 11.07.2016 and observed that the Enquiry Magistrate has not considered the fact that, during autopsy, the deceased was found to have pressure sores measuring 15 cm x 10 cm, infected with ANNUAL REPORT 2016-2017 41