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This is an archive article published on December 7, 2000

Spy Satnam Shah dies in custody

DEC 6: In yet another case of apparent medical negligence at Tihar jail, retired Wing Commander Satnam Shah died in custody this afternoon...

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DEC 6: In yet another case of apparent medical negligence at Tihar jail, retired Wing Commander Satnam Shah died in custody this afternoon.

Reminiscent of the Rajan Pillai case, 68-year-old Shah was denied proper and timely medical attention by the Tihar authorities, leading to his death, charged his lawyer Sarvendra Singh.

All India Institute of Medical Sciences (AIIMS) sources also confirm that Shah was brought in too late. He was suffering, as the hospital later found, from carcinoma (cancer) with severe bowel obstruction. Due to the delay in treatment, he also developed septicemia. In fact, his old spinal problem (he had fractured his spine in the 1971 Indo-Pak war) was also not treated satisfactorily at Tihar.

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Shah was admitted to AIIMS on November 24, more than a month after the court directed the Tihar Jail authorities to get him “medically examined.” He was operated yesterday but died around 3 pm today due to poor general condition.

AIIMS spokesman B.K. Dash said the patient showed signs of poor nutrition and anorexia. His general condition was very poor and he had been suffering for quite some time, he said. In fact, Shah’s casualty card, written at the time of admission, states that he had been bedridden for one month before he was brought to AIIMS. He showed “persistent weakness” and had lost 40 kg in the past six months, it said.

Shah was lodged in the high security Tihar jail since February 4, when he was arrested, along with his daughter, after 150 kg of charas was allegedly found from his house. A former fighter pilot, Shah was undergoing trial under the the Narcotic Drugs and Psychotropic Substances (NDPS) Act. While his daughter had been granted bail, he continued to be in jail.

Providing the details of negligence of Tihar jail authorities, lawyer Sarvendra Singh said that he had moved an application for proper medical attention for Shah on October 14 since he was rapidly losing weight. But the Tihar authorities first delayed in providing Shah’s medical records to the court and then in taking him to AIIMS for proper examination and treatment.

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Additional Sessions Judge R. Kiran Nath had directed the Jail Superintendent on October 18 to “get the accused medically examined.” He was also directed to send certified copies of the earlier medical treatment given to the accused and the entire medical examination of the accused done while in jail. She also mentioned that the jail superintendent had failed to supply the same as directed by her earlier on October 14.

On October 23, after the court received and studied the medical records, directed the Tihar authorities to take Shah to the orthopaedic department or any other related department of AIIMS. The records showed that the Institute of Nuclear Medicine and Allied Sciences, following a MRI of Shah’s spine had recommended advanced treatment. But when the jail authorities still did not do anything, Shah’s lawyer moved yet another application on November 2 to ensure compliance of court orders. The court summoned the medical officer.

Medical officer of Tihar Dr Devinder Kumar gave an undertaking to the court on November 13 that Shah would be taken to AIIMS “in a day or so.” The court directed that Shah may be kept at AIIMS since “he is too weak to commute to and fro.” However, he was admitted to AIIMS only on November 24.

Director General Tihar jail Ajay Aggarwal said that there had been no delay and that he was taken to AIIMS in time. “He was taken to AIIMS on November 22 and 23 also but the hospital sent him back. But we again took him on November 24 when he was admitted,” he said. However, he could not explain why he was not taken earlier in compliance with the court orders.

STATUS

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Chargesheet had been filed by the police but evidence had not been recorded as yet. It was to be done on November 25 but since Satnam Shah was in hospital, it could not be done. December 21 was fixed as the next date.

Now that he is dead, the proceedings will be dropped against him but will continue against his daughter Priya.

After the High Court had rejected bail to Shah on medical grounds, a Special Leave Petition, for bail on merit, was pending in Supreme Court. Justices KT Thomas and RP Sethi had set the next date of hearing on December 13.

A furious Priya was busy, arranging to get the body released from AIIMS, and making funeral arrangement. She was extremely angry over the negligence of Tihar authorities.

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