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Ruling that there is no excuse for not making the best possible medical treatment available in prison,the Delhi High Court on Friday held the Delhi government and Tihar Jail authorities liable for the death of biscuit baron Rajan Pillai in 1995. It also awarded his wife,Nina Pillai,Rs 10 lakh as compensation.
In his order,Justice S Muralidhar passed a slew of measures aimed at improving medical facilities and administration in the prison,and favoured the involvement of a civil group society to keep watch on jail administration and conditions.
Directing the Tihar administration to review the institutional arrangement,called the Board of Visitors,in four months,the judge noted: There should be an effective mechanism to ensure observance of minimum standards of treatment and care of inmates by the jail administration,consistent with the constitutional obligations of the state… the system requires to be revamped and made effective.
Observing that 47-year-old Pillais condition worsened while he was being taken to a hospital in a rickety ambulance,which was no better than a pick-up van,the court directed Tihar authorities to purchase an ambulance thats comparable to the best in the country,besides recruiting a team of trained medical personnel,in three months. Justice Muralidhar also directed the authorities to fill up vacancies in Tihar,so it would have adequate number of personnel with medical acumen to attend to ailing inmates.
Accepting the report of the Leila Seth Commission of Inquiry,which was appointed to ascertain the circumstances leading to Pillais death,the court asked the authorities to ensure that the committees suggestions for improvement of the system at Tihar are fully implemented.
The commission,in its 1997 report,had suggested measures such as de-congesting the jail,providing fresh air to inmates,round-the-clock primary healthcare,thorough check-ups,computerisation of medical records and improved communication with the courts regarding the medical condition of inmates.
Pillai,who controlled snack majors such as Britannia Industries in six countries and owned cashew plantations in Australia,died at the DDU Hospital on July 7,1995,due to alleged lack of medical care. He had earlier fled Singapore,where he was wanted in a criminal case,and was arrested by the CBI and remanded in judicial custody in Tihar.
A chronic patient of liver cirrhosis,his condition had deteriorated soon afterwards. It is alleged that medical personnel at the jail did not pay attention to his condition,and this led to his death.
The court appreciated the submissions made by Ninas counsel senior advocate C A Sundaram and Manali Singhal that the compensation money will be given to charity.
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