Death of prisoners: HC directs official to furnish details

The Madras High Court today directed the Additional Home Secretary to furnish all materials relating to the custodial death of 109 prisoners during 2012- 2013, to the Member Secretary of Tamil Nadu State Legal Services Authority.
The direction was given by the first Bench comprising Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh on a PIL by Kesavan,an advocate and Joint Secretary of Centre for Protection of Civil Liberties, who submitted that due to lack of medical attention, several undertrials and convicts died in various prisons in the state.
"This would not have occurred if the authorities provided speedy, effective and timely medical treatment to the detunes," he contended and sought a judicial inquiry into the matter.

The bench directed the Member Secretary, TNSLA, after examining as to whether the procedure contemplated under Sec 176(1-A) Cr PC, which mandates an inquiry by the judicial magistrate or the metropolitan magistrate in the cause of deaths has been followed or not, directed to submit a status report to the court.
The bench also lambasted the government officials for the delay in deciding the compensation that has to be given to the families of those deceased prisoners.
"It is only in three cases compensation has been sanctioned," the bench said.
While finding fault with the submission made by the government pleader that some of the deaths may have been natural deaths, the bench in its order observed "if it was so, those cases would have been closed as such".

"As to what is the situation which is prevalent in respect of these 109 cases, whether reports have been submitted and what is the fate of those reports seems to be still hanging for consideration," the bench said and posted the matter for further hearing to June 3.