2001 Supreme(AP) 312
Andhra Pradesh High Court
Judges : S.B.SINHA, S.R.NAYAK
Pankajavalli - Appellant
Versus
Superintendent, Central Prison, Chanchalguda, Hyd - Respondent
Decided On : 03-23-01
Headnote:
Employees State Insurance Act, 1948 - Section 40 - Criminal Procedure Code, 1973 - Section 174 - Medical Examination - Further my husband went under coma when he was in custody - Subsequently Superintendent Central Prison has admitted my husband at General Hospital and I came to know that my husband passed away in General Hospital - Prior to that I have received a telegram from Central Prison stating that they have released my husband on personal bond that my husband was not in a position even to open eyes - Therefore I request Your Lordship that E - O Court after coming to know that my husband went under coma has released suo-motu and jail authorities have admitted my husband at General Hospital - I came to know that my husband has passed away and General Hospital has declared my husband body as unknown - Held, We think it appropriate to record our displeasure on way in which deceased-accused was dealt with and treated by administration of OGH and Institute of Mental Care - When accused was referred to them by Court on earlier occasion - It is relevant to note that deceased-accused was in Institute of Mental Care and care of OGH learned Spl - Judge has reported that several letters had been addressed to both hospitals for sending report of mental state of mind of accused but no positive report was sent within expected time - Further as could be seen from facts narrated though accused was referred to Civil Surgeon OGH for medical examination more than six month time was taken by administration of OGH to report vide letter that OGH does not have facility to examine accused by a competent psychiatrist - Petition dismissed.
( 1 ) A telegram datd 8-11-2000 sent to the Hon ble the Chief Justice of this Court by one Smt. Pankajavalli, the petitioner herein, who is the widow of Late C. K. Dhananjaya, was treated as taken up writ petition by this Court and notice was ordered to the respondents herein.
( 2 ) THE telegram sent by the petitioner reads as follows :"i Smt. Pankajavalli w/o C. K. Dhananjaya now bring to your Lordship notice that my husband was an accused in CC No. 108/99 pending before the Court of Special Judge for Economic Offences under ESI Act that the Special Court has remanded my husband for judicial custody to checkup the mental condition of my husband. Further my husband went under coma when he was in the custody. Subsequently the Superintendent, Central Prison has admitted my husband at Osmani General Hospital, Hyderabad and I came to know that my husband passed away in Osmania General Hospital. Prior to that I have received a telegram from Central Prison dated 28-10-2000 stating that they have released my husband on personal bond that my husband was not in a position even to open the eyes. Therefore I request Your Lordship that the E. O. Court after coming to know that my husband went under coma has released suo-motu and the jail authorities have admitted my husband at Osmania General Hospital. I came to know on 4-11-2000 that my husband has passed away and the Osmania General Hospital has declared my husband body as unknown. In the circumstances stated above I pray Your Lordship kind intervention to protect the human values and may direct the concerned Court to admit a writ petition on my behalf for conducting post-mortem examination on the body of my husband that is C. K. Dhananjaya".
( 3 ) IN response to the notice issued by this Court, a counter affidavit was filed on behalf of the Superintendent, Central Prison, Chanchalguda, Hyderabad, the 1st respondent herein, sworn to by one A. Siva Prasad, who is the Superintendent (FAC) of Central Prison, Hyderabad. The material portion of the said counter affidavit reads as follows :"it is submitted that the husband of the petitioner i. e. , the accused R. P. No. 6503 C. K. Dhananjaya, s/o Narayana Rao, Aged : 50 years, was an accused in CC No. 108/99 u/s. 85 (a) (e) and (g) of E. S. I. Act, 1948 and was remanded to the Central Prison, Hyderabad on 18-1-2000 by the Hon ble Special Judge for Economic Offences, Hyderabad. The Medical Officer of the Central Prison examined the prisoner and advised the authorities to send the prisoner to Osmania General Hospital, Hyderabad, due to his ill-health. The prisoner was shifted to Osmania General Hospital, Hyderabad immediately on 19-10-2000 for necessary medical examination and treatment. The Superintendent, Osmania General Hospital, Hyderabad informed the 1st respondent office that the prisoner is under treatment and his condition is serious vide Lr. No. RC/mrd/mc/prisoner/2000, dated 27-10-2000. Basing on the medical report, this office has requested the Hon ble Special Judge for Economic Offences, Hyderabad for the release of accused on medical grounds vide the office Lr. No. CPH/rc-III/14849/2000, dated 28-10-2000. The Hon ble Court has ordered for released of the accused forthwith as the accused health condition was serious in nature, vide Hon ble Court Order Dis. No. 1660/spl. J/eoc/2000, dated 28-10-2000. Accordingly the accused was released from Osmania General Hospital, Hyderabad on 28-10-2000, as per the orders of the Hon ble Court. A copy of letter addressed to the Superintendent, Osmania General Hospital, Hyderabad regarding release of accused is also enclosed, for perusal. The relatives of the accused were informed by phonogram and Automex Message and also informed to the Station House Officer, Sadasivapet Police Station, Medak. A telephonic message (information) in person also given to the Station House Officer, Sadasivapet Police Station, which is near to the residence of the accused. It is submitted that the respon