Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—An order has been passed by the National Human Rights Commission (Commission) on 4 April 2015 in the course of an enquiry under Section 17 of the Protection of Human Rights Act, 1993 (Act).

2. A notice to show-cause was issued to the Chief Secretary of the State Government on 2 September 2014. In response to the notice, a reply was submitted by the Superintendent of the district jail, Muzaffarnagar on 10 October 2014. The Commission issued an order on 4 April 2015 by which it came to the conclusion that a case of violation of human rights was made out in the death of an under-trial prisoner, Omendra (son of Brahm Dutt) who died on 21 May 2012 while in the custody of the District Jail, Muzaffarnagar. The prisoner was lodged in the district jail on 9 September 2011 in Criminal Case No. 905 of 2011 under Sections 406, 420 and 506 of the Penal Code, Police Station Kotwali Nagar. He was under treatment of the jail hospital from 15 May 2012. On 21 May 2012, his condition became serious and he was referred to the district hospital where he was declared “brought dead”.

3. During the course of the proceedings before the Commission, the treatment record of the deceased was examined by Dr Adarsh Kumar, Additional Professor in the Department of Forensic Medicine, AIIMS, New Delhi. After examining the postmortem report, medical treatment papers, health report and the report of the magisterial enquiry together with all other papers, a report was submitted.

4. The opinion of Dr Adarsh Kumar was in the following terms:

“The UTP was admitted into jail on 9.9.2011 in an apparently healthy condition. On 15.5.2012 he complained of difficulty in respiration for which he was diagnosed as a case of asthma and was provided requisite treatment. However, on deterioration of his condition he was referred to District Hospital, Muzaffarnagar, on 21.5.2012 where he was declared dead on the same day. The cause of death has been given as ‘asphyxia due to chronic lung disease’.

Considering the chronology of events and various findings, I am of the considered opinion that the UTP died as a result of ‘acute exacerbation of bronchial asthma’. This disease is chronic in nature and needs regular treatment. Perusal of record shows that no treatment was provided during his stay into jail.

Prima facie, it appears as a case of medical negligence on part of jail officials in not providing adequate medical treatment during his stay into jail.”

5. The Commission, after taking note of the medical opinion, observed thus :

“The following points may kindly be noted in this regard :

(i) The deceased was about 40 years of age and was having normal health at the time of admission into the jail in the year 2011 (September).

(ii) As per PMR, Pus pockets were present in the lungs. The cause of death was opined as death “due to asphyxia as a result of chronic lung disease”.

(iii) The treatment record indicates that the deceased was provided treatment only from 15.5.2012 onwards and the deceased died on 21.5.2012. The deceased was admitted in the jail on 9.9.2011 and since then till 15.6.2012, no medical check-up was done to detect his disease. The deceased was under treatment with jail hospital and died due to asthmatic attack which is a common ailment. The deceased was not sent to higher hospital till his condition deteriorated.

(iv) As per medical forensic expert on the panel of NHRC, no treatment was provided to the deceased during his stay in jail. Prima facie, it appears as a case of medical negligence on part of jail officials in not providing adequate medical treatment during his stay into jail”. The Commission has perused and considered the report. As a case of violation of human rights is made out, the next of kin of the deceased under-trial prisoner Omendra deserve to be compensated. Issue notice under Section 18 of the Protection of Human Rights Act, 1993, to the Government of Uttar Pradesh, through its Chief Secr