(1.) Rule. Rule made returnable forthwith and taken up for final hearing at admission stage with the consent of learned counsel for the parties.
(2.) This petition under Article 226 of the Constitution of India has been filed by the parents, widow and children of the deceased Pratap Kute, an undertrial prisoner who died in custody, for grant of compensation of Rs.90.00 Lakhs for loss of life due to the negligence of the jail authority.
(3.) The petitioners claim that the deceased Pratap was suffering from spondylosis and severe pain. It is alleged that since he was not provided medical treatment, he filed an application before the Magistrate to shift him to Government Hospital, Beed for proper medical treatment. The said application was dismissed with observations that the Superintendent of Jail is able to take proper care and provide medical facility to the deceased. It is alleged that the deceased was not given any treatment despite his request at initial stage and it was only after his condition deteriorated that he was shifted to Government Hospital, Beed. It is further stated that since the condition of the deceased was critical, the doctor at Government Hospital, Beed had advised to shift the deceased to Government Medical College, Aurangabad for further treatment. The deceased was not shifted to Government Medical College, Aurangabad and the concerned Police Constable made an endorsement that he is not able to shift the deceased to Government Medical College, Aurangabad and will have no complaint in case of any untoward incident/ risk to the life of the deceased Pratap. The deceased expired on 27/2/2012. The petitioners claim the death of deceased Pratap was due to callous and negligent attitude of the jail authority.