TEAM HERALD
PANJIM: The Goa State Human Rights Commission has held the State responsible for the death of prisoner Mahadev Gaonkar and directed Goa government to pay compensation to prisoners who suffered food poisoning at Aguada Jail and Mapusa judicial lock-up in May 2013.
However, the Commission expressed its inability to conduct an in-depth inquiry into the food poisoning incident and held officials responsible for the incident in the absence of a full-fledged Police Investigative Team headed by Inspector General of Police as contemplated under section 27 of the Protection of Human Rights Act, 1993.
The commission headed by Justice P K Mishra has recommended compensation of Rs 50,000 to the family of convict prisoner and Rs 2,000 each to around 37-40 prisoners who were hospitalised after consuming contaminated food served in both the jails.
Goa State Human Rights Commission inquiry report has castigated the government agencies for failing to give timely treatment to Gaonkar, who was due for release by 2013-end, that claimed his life. It observed that the prisoner was denied medical aid from 6:45am to 10:40am on May 31, 2013 and despite his condition being critical, the jail officials took him to Candolim primary health centre only later. He was pronounced dead at around 11:15 am by doctors.
“The negligence of the State is thus apparent under these circumstances. There cannot be any doubt that such prisoner died on account of the fact that timely medical treatment was not made available. It is obvious that such negligence was by State agencies and therefore ultimately the State can be said to be vicariously liable on account of lethargic attitude of the State agencies in performing their duties which resulted in the death of the innocent prisoner,” the report reads.
The food and drug administration (FDA) officials during an inspection of the Aguada jail after the food poisoning incident had termed it as highly unhygienic as food and water samples collected from the two jails were contaminated with ecoli bacteria.
The prison administration was advised to take appropriate steps to maintain hygiene and prevent recurrence of the incident. In another recommendation, the commission has said that the State should ensure that the Escorts Party is made available to the prison authority without any delay to meet any emergency round the clock. The State government has been asked to forward its comments on the report including action taken or proposed action taken on March 7, 2014.
A magisterial inquiry report submitted to the government last year had held Jailor Vithal Gawas and other officials’ on-duty responsible for the death of Gaonkar. It had also pointed out absence of proper kitchen platform for cutting vegetables, proper place for cleaning fish or chicken, ruptured water pipeline passing near sewage line and cats having a field day in the mess among other shortfalls.
The public works department has already cleaned and repaired the leakage after the incident.
