UMESH KUMAR GANDHI Vs. STATE OF M P

JUDGEMENT

(1.) CHALLENGING the recommendations made in the findings recorded by the state Human Rights Commission in its order dated 29-12-2001 as contained in annexure P-1 and the subsequent recovery of Rs. 10,000/- being effected by the state Government vide Annexure P-2, dated 25-3-2004, petitioner has filed this petition.

(2.) PETITIONER was posted in Central Jail, Gwalior at the relevant time in the year 2000 when one Parmanand was also undergoing a sentence of 10 years imprisonment imposed upon him on his conviction for having committed offence under Section 8/15 of the NDPS Act. It seems that said Parmanand became ill and as proper treatment was not given to him he expired on 8-12-2000 in J. A. Group of Hospitals, Gwalior. Death of said prisoner Parmanand resulted in complaints being made and, therefore, a Magisterial inquiry was ordered and the Executive Magistrate, Gwalior conducted the inquiry and submitted its report Annexure P-4 on 4-6-2001. In the said report it was found that parmanand expired on 8-12-2000 in J. A. Group of Hospital. While on his way to the said Hospital he was suffering even prior to the said date and it was found that he expired because proper treatment was not given to him.

(3.) IN the light of the inquiry report matter was taken up on a complaint by the Human Rights Commission and in the order and report Annexure P-1, dated 29-12-2001 the commission has found death of Parmanand to be because of negligence attributed collectively to the doctors, Jail Superintendent and other authorities responsible for taking action in the matter. A compensation of rs. 50,000/- was awarded to the legal heirs of late Parmanand as an interim measure and it was ordered that the Government shall be free to recover the aforesaid amount from the persons responsible which included the present petitioner. In pursuance thereof amount of Rs. 10,000/- is being recovered from the petitioner and, therefore, petitioner is before this Court impugning the action as indicated hereinabove.