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2001 Supreme(AP) 747

Andhra Pradesh High Court
Judges : S.B.SINHA, V.V.S.RAO
Bheemamma - Appellant
Versus
Station House Officer P.S.Uppal, Hyderabad - Respondent
Decided On : 07-23-01

Headnote:Constitution of India - Article 226 - Custodial Death - Death of under trail prisoner, a heart patient due to delay in giving proper medication - compensation claim - Remedy of claiming compensation for constitutional tort for violating fundamental right and liberty is in addition to other private law remedies available - Compensation of Rs20,000/- granted to wife of deceased

       Held : There is an allegation that Thimmaiah was killed on the instructions of Jail Superintendent, the same is far from truth; we certainly hold that there is negligence on the part of the jail authorities in taking proper care As already noticed, the Jail Superintendent himself informed the National Human Rights Commission that Thimmaiah was examined in custody on 25-8-1999 and after that there were no medical treatment nor medical care Further, on the crucial day when he was advised to be taken to Osmania General Hospital at 8 00 a m there was delay in taking him to the hospital The claim of the petitioner, who is the wife of deceased-Thimmaiah, for appropriate compensation is, therefore, justified

V. V. S. RAO, J.

( 1 ) SMT. Bheemamma r/o Krishnagar locality in Hyderabad, addressed Hon ble the Chief Justice of Andhra Pradesh High Court inter alia complaining that her husband was detained by respondents 2 and 3 on 19-11-1998 in connection with some undisclosed undetected cases, that he was earning an amount of Rupees 150/- to Rs. 200/- per day as Rickshaw Puller and looking after the family, that he was being produced before the Court of the Judicial First Class Magistrate, East and North and that on 31-8-1999 she was informed about the death of her husband in the jail. She also alleged that when she was taken to Osmania General Hospital for the purpose of inquest, she and her mother-in-law, aged about 60 years, found marks of violence in the body of her husband late Thimmaiah and when this was brought to the notice of the police, the latter assured appropriate compensation after the completion of investigation. She also alleged that her husband was killed on the instructions of the Jail Superintendent in collusion with the police. The letter of said Bheemamma was treated as a writ petition for the purpose of considering the following prayers :"to issue a writ in the nature of mandamus calling for the remarks and records from the respondents herein connected with : i) Death of U. T. Prisioner No. 6048, by name "thimmaiah" husband of the petitioner herein on 29-8-1999 in the Osmania General Hospital, Hyderabad who was arrested by the Uppal Police on 6-11-1998, and handed over to the Kulsumpura Police Station, Hyderabad in Crime No. 130 of 1998 and lodged in Central Prison, Hyderabad on judicial remand, as it is learnt that the husband of the petitioner was killed on the instruction of the Jail Superintendent in collusion with the police and to pass appropriate orders. ii) To punish the guilty in the matter; iii) To arrange for payment of appropriate compensation. "

( 2 ) ON 27-6-2001 while ordering "rule Nisii" the Bench passed the following order:"as admittedly on unnatural death has taken place, a report in this regard must have been submitted before the appropriate authority. The same shall be produced before this Court within one week. Pendency of this writ petition, however, shall not come in the way of the Collector to consider and who is hereby directed to consider the matter relating to grant of compensation in terms of the instant Government order. "

( 3 ) ON 5-7-2001 the learned Government pleader for Home has placed before us a report of the Superintendent of Policie addressed to the Station House Officer, Dabeerupra Police Station as well as a report of the Superintendent, Full Additonal Charge, Central Prison, to the Secretary General of National Human Rights Commission, New Delhi. It is stated in both the reports that Thimmaiah, U. T. No. 6048 was admitted in the jail on 20-11-1998 in connection with F. I. R. No. 417/97 of P. S. Uppal under S. 302 of I. P. C. and FIR No. 82/97 of P. S. Ghatkesar and S. C. No. 333/99 (in PRC No. 8/99) of P. S. Kulsumpura, that he was admitted in the Jail Hospital on 25-8-1999 and when he was being taken to Osmania General Hospital on 29-8-1999 Thimmaiah expired on the way to hospital at 9. 00 a. m.

( 4 ) NOT satisfied with the reports, we requested the learned Government pleader to produce before us all the records as regards the treatment given to late Thimmaiah in the Hospital.

( 5 ) THE post-mortem report dated 31-8-1999 has been placed before us. It is surprising to note that when admittedly late Thimmaiah breathed his last on 29-8-1999 the requisition was sent by the Station House Officer to the Medical Officer of Osmania Medical College for conducting post-mortem examination on 31-8-1999. The post-mortem was held on that date at 12. 30 p. m. as requested by S. H. O. of P. S. Dabeerpura. As per the post-mortem report, there are no injuries over the body of the late Thimmaiah and the cause of death is said to be "due to disease of the heart". This clinchingly shows that lat







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