'Error Of Judgment' On Part Of Medical Authorities: Gauhati High Court Orders Assam Govt To Pay Rs 5 Lakh To Custodial Death Victim's Wife

The Gauhati High Court recently directed the Assam Government to pay an amount of Rs. 5 lakh as compensation to a woman, whose husband died in the jail because timely appropriate and adequate medical facility was not provided to him due to an error of judgment on the part of medical authorities regarding his medical condition.The division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan observed:“It is noticed that the fundamental right of the deceased husband of the petitioner i.e. right to life, which also includes the right to receive and be provided with adequate and appropriate medical treatment while he was in the custody of the jail authorities, had been violated to the extent that although his underlying medical conditions indicated that he had certain symptoms which are also symptoms applicable to the medical condition Cardiomegaly, it was an error of medical judgment on the part of the medical authorities who had examined him on 23.08.2016, 24.08.2016 as well as on 25.08.2016 not to have detected the medical condition of Cardiomegaly and immediately refer him for specialized medical treatment for the medical condition.”The woman in the petition said that her deceased husband was arrested by the police personnel along with Special Task Force (STF), in connection with a case under Section 25(1)(A) of the Arms Act, 1959 and Section 51(1)(A) of the Wildlife Protection Act, 1972. It was submitted that her husband died on August 25, 2016 due to internal injuries inflicted upon him by the police personnel with STF and further because of negligence on the part of the jail authorities.Senior Government Advocate, D. Nath submitted that medical report as well as the post-mortem report would indicate that it was more of a case of natural death rather than a death caused due to any injuries being inflicted on the person arrested by the police or by the jail authorities.After the perusal of the medical as well as post-mortem report, the court noted that the death of the husband of the petitioner took place because of Cardiomegaly (serious condition which can result in congestive heart failure) which was a result of Myocardial Infarction of which some of the signs and symptoms are severe shortness of breath, chest pain, coughing when lying down, fatigue, leg swelling, weight gain, Edema, fainting etc.“If the medical condition Cardiomegaly is associated with the aforesaid symptoms and many such symptoms were noticed by the medical authorities to be prevailing in respect of the deceased husband of the petitioner when he was examined on 23.08.2016, 24.08.2016 and 25.08.2016, a question would naturally arise as to why the medical authorities who had examined the deceased husband of the petitioner could not apply its medical mind and arrive at some kind of diagnosis that there is a possibility of it being a case of Cardiomegaly and accordingly immediately refer him for the specialized medical treatment and diagnosis,” the court said.The court relied upon the judgment of the Supreme Court in Nilabati Behera v. State of Orissa & Ors in which it was laid down that convicts, prisoners or undertrials are not denuded of their fundamental rights under Article 21. It observed that Nilabati Behera judgment provides that the State is responsible if the person in custody of police is deprived of life except according to the procedure established by law and it would be for the State authorities to compensate for such violation of the fundamental right. The court further said that it was an error on the part of the medical authorities not to have detected the medical condition of Cardiomegaly of the deceased and immediately refer him for specialized medical treatment for the medical condition.“It is in this respect we find that there was an aberration of the fundamental right of the deceased husband of the petitioner,” said the courtThus, the court directed the Home Department, Government of Assam, to pay an amount of Rs. 5 lakhs as compensation to the petitioner-widow within a period of 2 months. Case Title: Shahar Banu v. The State of Assam and 9 Ors.Citation: 2023 LiveLaw (Gau) 45Coram: Justice Achintya Malla Bujor Barua and Justice Robin PhukanClick Here to Read/Download Judgment

'Error Of Judgment' On Part Of Medical Authorities: Gauhati High Court Orders Assam Govt To Pay Rs 5 Lakh To Custodial Death Victim's Wife

Udit Singh

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