The State is liable to compensate for the death of a person in judicial custody due to the negligence of the medical staff at the Jail.

S. Muralidhar, J.

Introduction

1. Mr. Rajan Janardhan Mohandas Pillai (hereafter "Rajan Pillai"), a businessman of Singapore, died in the Deen Dayal Upadhayay Hospital ("DDU Hospital"), New Delhi on 7th July 1995 while he was in judicial custody, lodged in the Central Jail, Tihar, New Delhi. In order to ascertain the relevant facts and circumstances leading to the death of Rajan Pillai, the Lieutenant Governor ("LG") of the National Capital Territory of Delhi appointed a Commission of Inquiry consisting of Justice Leila Seth, a former Chief Justice of Himachal Pradesh High Court by a notification dated 27th July 1995 under Section 3 of the Commission of Inquiry Act, 1952. The report of the Leila Seth Commission of Inquiry ("LSCI") dated 25th February 1997, inter alia, dealt with the question whether in the death of Rajan Pillai, there was negligence on the part of any authority. The findings in this regard by the LSCI have been made the subject matter of this writ petition filed on 20th April 1998 by Ms. Nina Rajan Pillai, the wife of Rajan Pillai, and their two sons.

2. The writ petition, inter alia, seeks a declaration that the Respondents, i.e., the Union of India in the Ministry of Home Affairs ("MHA"), Respondent No. 1, the Government of National Capital Territory of Delhi ("GNCTD") through its LG, Respondent No. 2 and the officials of Tihar Jail, Respondent Nos. 3 to 6, have violated the right to life, dignity and equality of Rajan Pillai, which ultimately led to his death in judicial custody. The writ petition seeks corrective action against Respondent Nos. 3 to 7 in light of the findings of the LSCI. A direction is sought to the appropriate authorities to honour and implement the recommendations of the LSCI in regard to the remedial measures for providing adequate medical care for prisoners in jails. One other prayer is for a direction to Respondent Nos. 1 and 2 to pay appropriate exemplary compensation to the Petitioners taking into consideration all relevant factors including but not limited to "the income of the deceased, the heinous nature of the wrong inflicted, and the life expectancy of the deceased".

3. In response to the petition, Respondent No. 2 informed the Court, inter alia, that the LSCI had held Dr. Hira Lal, Medical Officer, Tihar Jail and Dr. Venkatasubbaiah, Medical Officer, Tihar Jail, Respondent Nos. 6 and 7 respectively, to be negligent in the performance of their professional duties. It was stated that the report of the LSCI has been accepted by Respondent No. 2. The action taken report on the recommendations of the LSCI and a letter dated 17th/18th September 1997 recommending initiation of departmental proceedings against Respondent Nos. 6 and 7 was enclosed with the affidavit.

4. On 5th December 2005, a detailed order was passed by this Court, the operative portion of which reads as under:

I was inclined to relegate the Petitioners to the remedy of a regular civil suit. However, Mr. Sundaram the learned Senior counsel appearing for the Petitioner submits that the findings of the Leila Seth Commission may be treated as conclusive decision on facts so far as the purposes of the Writ Petition is concerned. To this effect, Mr. Tulsi the learned Senior counsel appearing for the Respondents is also in agreement. The objection as to disputed questions of facts, therefore, would no longer deter this Court from exercising its extraordinary powers under Article 226 of the Constitution. Mr. Tulsi has emphasized on the repeated use in the petition of words "brutality" and "conspiracy". It is his contention that to venture into these disputed questions of fact would render at naught the findings of the Commission. Since Counsel are agreed that the findings of the Commission may be treated as conclusive of the factual matrix, this factor would also not deter the Court from entertaining this Writ Petition. This also applies to Mr. Tulsi's arguments pertaining to the findings of the Commission that death was