Judgment · High Court · 2012

Mr. R.D.Dharmadhikari, Adv.(appointed) for the petitioner. Mrs.K.S.Joshi, APP for the respondents. CORAM: P. V. HARDAS AND A. B.CHAUDHARI, JJ. DATED : 6th DECEMBER, 2012.

#1. A communication addressed by the petitioner from Jail seeks relief of institution of an enquiry in respect of the suspicious death of two prisoners, namely, Bapu Chaudhari and Pratap Uike. The petitioner is neither the relative of deceased nor is a person who had lodged a F.I.R. The petitioner is only a co-convict, who was undergoing sentence along with the two prisoners, namely, Bapu Chaudhari and Pratap Uike. We had accordingly appointed Adv. Shri Rahul Dharmadhikari to represent the petitioner in this petition.

#2. Upon notice being issued to the respondents, respondent no.4 – Superintendent, Central Prison, Nagpur has filed an affidavit-in-reply. In the affidavit-in-reply, it is stated at 2 paragraph 3 that the prisoner Bapu Chaudhari was suffering from ‘alcohol withdrawal system’ and was behaving irrationally and abnormally. Deceased Bapu had climbed on the roof and was shouting, and in that precarious condition he fell from the roof and was required to be hospitalized. Deceased Bapu was given treatment by the Medical Officer of the Central Prison, Nagpur for the ‘alcohol withdrawal system’ and was then referred to the Government Medical College and Hospital, Nagpur for check up on 23/8/2012, as his behaviour was abnormal. After investigation, he was referred back to the Jail and continued to receive treatment as per the advice of the doctors of the Government Medical College and Hospital. Since the condition of Bapu deteriorated further, on examination, it was found that there was no cardio-respiratory activity and he was given cardiac massage and artificial respiration in order to revive him. Bapu, however, did not respond to the first aid and accordingly declared dead on 24th August, 2012 at 8.35 a.m. A Post mortem on the dead body of deceased Bapu was conducted and as per the post mortem report the death of deceased Bapu is due to ‘alcohol withdrawal with blunt trauma chest and back’. Death of deceased Bapu was also communicated by the jail authorities to the Human Rights Commission, New Delhi and the District Magistrate, Nagpur. An enquiry was instituted by the District Magistrate at Nagpur and the said enquiry is pending. In the light of the fact that the District Magistrate is already seized and is conducting an enquiry, according to us, the relief which the petitioner has prayed for in this petition in respect of death of deceased Bapu, cannot be granted.

#3. In respect of the death of other convict, namely, Pratap 3 Kawaduji Uike, the respondent has stated in an affidavit-in-reply that Pratap Uike was an under-trial prisoner and his mental condition was not stable. He was undergoing treatment in jail hospital and was referred to the doctor on several occasions but he died on 13/8/2011 at 12.45 p.m. The National Human Rights Commission, New Delhi has considered the inquest report, an Enquiry Report of the Sub-Divisional Magistrate, Nagpur and the Hostopathology report and had found that the under-trial prisoner Pratap Uike was died due to ‘Meningitis associated with bilateral pulmonary consolidation and died a natural death’. The Human Rights Commission had further observed that there was no foul play or negligence and therefore the case was closed.

#4. The Sub-Divisional Magistrate, who had conducted an enquiry in respect of the death of under-trial prisoner Pratap Uike, also found that his death was a natural death and there was no false report on the part of the Government Agency.

#5. In the light of the affidavit-in-reply, which discloses that the necessary enquiry in respect of the suspicious death of the two prisoners, namely, Bapu Chaudhari and Pratap Uike had been conducted, we see no ground at all for interfering in the present petition. This petition is accordingly dismissed being sans merit.

#6. We quantify fees payable to Shri Rahul Dharmadhikari, learned counsel appointed for the petitioner, at Rs.1500/-. JUDGE JUDGE. 4