P. PUGALENTHI Vs. STATE AND ORS.

JUDGEMENT

(1.) The petitioner is an Advocate practicing before this Court and he is also the Director of an Association known as "Prisoners Rights Forum", Chennai, which is registered as a 'Public Trust' under Registration No. 4319/2008. According to him, in the month of May 2013, he came across a report dated 09.06.2007 prepared by one Mr. V. Karupannan, the then Deputy Jailor, Central Prison, Salem regarding the death of one Mr. Sukumar, S/o. Mariappan, a member of AIADMK party, inside the Central Prison, Salem on 09.06.2007. Further, according to him, in the said report, Mr. V. Karuppannan, had alleged that the said Mr. Sukumar, remand prisoner No. 73688 who was lodged in 9th Block of Central Prison, Salem, early in the morning, on 09.06.2007, developed chest pain. Mr. V. Karuppannan received intimation regarding the same at about 4.15 am. Then, he made arrangements for an Ambulance for the purpose of rushing Mr. Sukumar to the Government Mohan Kumaramangalam Hospital, Salem for treatment. In the report, he has further stated that when Mr. Sukumar was being taken to the Ambulance by the prison wardens, they were prevented by the other prisoners from discharging their duty. He has also mentioned the names of seven political persons who were also lodged in the same prison who prevented the officials from shifting Mr. Sukumar to the hospital. Thus, according to the petitioner, the prison authorities were virtually prevented from shifting Mr. Sukumar to the hospital. However, the jail authorities managed to take him to the Ambulance which was kept ready for shifting him to the hospital. But, on the way to hospital, in the Ambulance, Mr. Sukumar died. In this regard, a case in Crime No. 259/2007 was registered on the file of the Asthampatti Police station, Salem City under Section 174 Cr.P.C. Since, it was a death while in custody, the F.I.R. was forwarded to the Executive Magistrate/Revenue Divisional Officer, Salem. A team of doctors, who conducted post-mortem on the body of the deceased, have opined that the deceased would have died due to atherosclerotic (ATHEROSCLEROTIC) heart disease.

(2.) Based on the same, the Revenue Divisional Officer, Salem submitted a report by his proceedings in Ci.Pa. 39/2007 A2 dated 20.11.2007, wherein he has concluded that the death of the deceased was due to natural cause, namely, heart disease. But, he had recommended for departmental action against the Superintendent of Central Prison, Salem, for dereliction of duty. The said report was, in turn, submitted by the District Collector under Letter No. Na.Ka.33284/2007 (C3) dated 23.02.2008 to the Government. Having considered the same, the Government issued G.O.Ms. No. 507 Public (Law and order) Department dated 10.06.2010, accepting the report of the Revenue Divisional Officer. Thus, no further investigation was done in to the matter. In those circumstances, the petitioner has now come up with this petition seeking a direction to the respondents to register a case and to investigate the same.

(3.) I have heard Mr. M. Radhakrishnan, learned counsel for the petitioner; Mr. A.L. Somaiyaji, learned Advocate General appearing for the respondents and assisted by Mr. S. Shanmuga Velayutham, learned Public Prosecutor and Mr. M. Maharaja, Additional Public Prosecutor. I have also perused the records carefully.