Delhi HC Issues Notice Over Alleged Negligence in Undertrial Prisoner’s Death

The Delhi High Court on Monday issued a notice to the city government and Tihar jail authorities in response to a plea alleging negligence of jail officials, leading to the death of an undertrial prisoner due to lack of proper medical treatment.

A single-judge Justice Subramonium Prasad sought a response from the Delhi government and the Director General (Prisons) and Superintendent of Tihar Jail no. 3.

The petition was filed by the mother of the deceased, Sunita. According to the petitioner, her 32-year-old son, Deepak Kumar Yadav, was arrested in 2010 in a murder case. While in jail, he developed gastrointestinal issues in March 2018 due to “unhygienic” conditions and was taken to the prison dispensary for medical attention.

The petition, filed through advocate Amit Kumar, alleges that Yadav repeatedly complained of severe lower abdominal pain but was not provided proper medical treatment by the jail’s medical staff. Instead, he was allegedly given painkillers without a proper diagnosis. As his condition worsened, he was referred to Lok Nayak Jai Prakash Hospital, where he was diagnosed with ‘perforation peritonitis’ at an advanced stage, requiring surgery. Perforation peritonitis is a common surgical emergency in which the peritoneum, the membrane lining the abdominal cavity, becomes perforated.

The petition highlights that both the petitioner and the deceased repeatedly informed the trial court about the casual attitude of jail authorities towards Yadav’s sickness, but their concerns were allegedly met with false information submitted by the respondents to the court regarding his treatment.

The plea contends that Yadav’s case exemplifies the violation of human rights of an undertrial prisoner, ultimately leading to his death. It alleges “systemic failure” on the part of the authorities, which aggravated the situation and hindered the deceased’s recovery from surgery. The petition seeks a direction for authorities to provide Rs 20 lakh as compensation to the woman on account of her son’s death in judicial custody. Additionally, it requests the government to consider offering a job to one of the family members on compassionate grounds. The high court has listed the matter for further hearing on December 18.