Taking serious note of the delay by a metropolitan magistrate in passing an order on conducting the postmortem of a prisoner who died four days ago, the Delhi High Court Tuesday directed him to submit a report within a week on the issue.
A petition was filed in the high court saying that on account of Muharram holidays in government offices and hospitals, the postmortem of a prisoner's body, who died Nov 15, was not conducted till date and the body was not handed over to his family members despite expiry of four days.
After the station house officer (SHO) of Samaypur Badli told the division bench of Chief Justice N.V. Ramana and Justice Manmohan there was delay on the part of Dealing Magistrate (Metropolitan Magistrate) in passing the postmortem order, the court said that the "allegations is serious" and sought report.
The bench also directed the Jail Visiting Judge of Rohini jail to submit his report in the case within a week.
It also directed the police and hospital to conduct the postmortem of deceased Tuesday itself, accepted by the counsels representing the government and the police.
Gaurav (23), lodged in city's Rohini Jail in a murder case died Nov 15 after he was admitted to the Baba Saheb Ambedkar Hospital in a critical condition, and family members alleged they were not informed by the police and jail authorities about his serious state.
The bench also issued notices to the Delhi government's ministry of home affairs, its health and family welfare department, director general of Tihar jail, Rohini district jail's superintendent and medical superintendent, Ambedkar hospital's medical superintendent, police commissioner, SHOs of Mangolpuri and Samaypur Badli.
The court asked them to filed responses by Dec 3.
Avadh Kaushik, deceased's lawyer, filing the PIL in the court sought formulation of certain norms and guidelines in respect of ailing and sick prisoners and regarding immediate postmortem of the bodies of patients who expire in hospitals.
The plea also said no delay to be caused in conducting postmortem on account of holidays in government offices and hospitals concerned.
It also sought directions for jail authorities to make necessary provisions in the law in respect of providing immediate information to the family members and relatives of the prisoners in the event of illness of the prisoner and particularly when he is admitted to hospital.
As per the plea, Nov 8, when Gaurav's parents went to visit him and his younger brother Rahul (co-accused in the same case) in jail, Rahul informed them that Gaurav was seriously ill in the jail since long and was taken to Ambedkar Hospital Nov 6 in an unconscious condition.
They rushed to the hospital where they came to know that Gaurav had been admitted in the Intensive Care Unit but they were not allowed to see him by the hospital and police authorities.
The parents then moved an application before the trial court concerned the same day seeking permission to see Gaurav, which was allowed.
Nov 14, their counsel Kaushik visited the hospital and met the doctors concerned in ICU who disclosed his health condition had deteriorated and his survival chances were slim. They also intimated jail authorities in this regard.
The doctors also told him Gaurav was admitted in an unconscious condition and was almost dead at that time and therefore, was put on ventilator.
It was also informed that patient was suffering from pneumonitis, was brought with acute respiratory distress, had already gone into coma and not shown any sign of recovery since his admission.
Despite repeated requests, neither any police or jail authority came to explain the facts and further procedure to the deceased prisoner's family members nor any hospital authority took any step for conducting post mortem of the body, the plea said.
It sought direction to probe into the facts and circumstances of death in judicial custody and to ascertain medical lapses in his treatment at any stage.
