amar das incident

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    IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA

    AND FOR THE STATE OF ANDHRA PRADESH

    PUBLIC INTEREST LITIGATION

    PIL .No. 246 of 2014

    AFFIDAVIT

    I, Sangadala Amar Das, 21 years, S/o Sangadala Venkateswara Rao R/o B-14, 150/1,

    R.S.S.Colony, West Marredpally, Secbad 500026 do hereby solemnly and sincerely

    affirm and state as follows:

    I respectfully submit to this Honble High Court as follows:

    1.

    I and my family are victims of gross wickedness, barbaric, traumatisation & inhuman

    conduct, corruption and malicious attitude of the Officials at Central Prison,

    Cherlapally, RR District, which resulted in the death of my father within a day of his

    admission in the prison.

    2.

    I was arrested along with my father Sri.Sangadala Venkateswara Rao, (Deputy

    Collector in the ULC Dept) around 6.00pm on 14-Feb-2014 by the ACB authorities.

    3.

    We were both produced for our medical examination at Osmania Medical College late

    night at 2.45am on 15-Feb-2014 and thereafter lodged at the Abid Road Police

    Station.

    4.

    At 4.00pm on 15-Feb-2014, we were taken by the ACB officials from the Abid Road

    P.S. and produced in the Nampally Court. Thereafter, we were admitted to the Central

    Prison, Cherlapally around 6.00pm on 15-Feb-2014 in Crime No.4/RCT-CR-II/2014,

    SPE & ACB Cases cum IV Addl. Chief Judge, Nampally Court.

    5.

    My father, a diabetic patient since 16 years, was completely dependent upon Insulin

    injections, thrice daily. However, at the time of our admission in the Prison, the

    authorities there forcefully took away his Insulin kit stating that the same would be

    returned after the approval of the prison doctor. However, it was never given

    back, in spite of our continuous pleadings. My father could not take his mandatory

    dose of insulin even once during his 27 hours of custody in the prison.

    6. At the time of admission, I had informed the prison senior staff of the diabetic

    condition of my father but he was not allowed to stay in the prison hospital and was

    deliberately put up in the general admission room (No.17) at Manasa Barrack along

    with 50 other hard-core criminals. I was also put in the same barrack.

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    7.

    In spite of my pleadings with the executive jailor and deputy superintendent to shift

    my father to the prison hospital or to the separately assigned ACB Barrack (No.4),

    they refused to oblige to my pleadings unless we agreed to their demands.

    8.

    Next morning (16-Feb-2014), I was approached by a jailor on behalf of the DeputySuperintendent offering three choices of varying types of service in the jail. These

    packages were of Rs.30000, Rs.40000 and Rs.60000 and I was asked to select one of

    them. I pleaded with him vehemently that I am willing to cooperate with the jail staff

    but requested him to immediately transfer my father to the prison hospital. But the

    said jailor refused to do so stating that the higher officials will not permit the shifting

    unless the money is handed over first.

    9.

    My father remained very restless and semi-conscious all through the day due to the

    lack of Insulin and a suitable diet. Eventually, around 6.30pm (immediately after thelock-up) he collapsed in the barrack right in front of my eyes and I could do nothing

    except to cry and plead for help. The other inmates that were present in the barrack

    also screamed for help, but there was none coming. Neither any Medical Staff nor the

    other prison staff responded to the situation or even cared to show any mercy at his

    desperate condition. The Jail Warden on duty did not even bother to communicate

    with the officers, though he was carrying a radio set with him.

    10.

    After repeated emergency calls, a horde of jail staff arrived around 7.00pm at the

    barrack and two of them ruthlessly dragged my fathers lifeless body by hisshoulders/armpits and took him away. There was no stretcher to carry him. All my

    pleadings to accompany my father to the hospital were mercilessly and inhumanly

    snubbed by the jail staff and I was locked back into the barrack for the night along

    with the other inmates. That was the last time I ever saw my father.

    11.

    I saw my father completely lifeless at 7.00pm when he was dragged out of the barrack

    by the prison staff. However, the prison authorities sent him to the Gandhi Hospital

    only at 9.10pm, after an unexplained delay of 2 hours. At 10.00pm when he was

    carried into the Gandhi Hospital, he was declared as Brought Dead.

    12.

    Thereafter, on 17-Feb-2014, as per the records collected by me:

    a)

    The Jail authorities filed a complaint with the Kushaiguda PS which was

    registered as FIR No.127/2014 at 11.00am.

    b) An Inquest Report was prepared by Smt. A.Usha Kiran (MRO) o/o RDO,

    Secbad Division at 4.00pm at the Gandhi Hospital.

    c) A Post-Mortem Examination was conducted by Dr.S.Mohan Singh and

    Dr.A.Narender Babu from 4.15pm to 5.45pm. The cause of death in the reportwas Opinion Reserved.

    13.

    The following averments extracted from the above documents conclusively prove

    that the Govt. officials fabricated and manipulated the records with malicious

    intent of covering up the death of my father within the prison:

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    It is also prayed that this Hon'ble Court may be pleased to order the 1stRespondent (The

    Government of Telangana) to pay appropriate monetary compensation to all the prison

    inmates who lost their precious lives due to the dereliction of duties of the prison/medical

    staff and pass such other order or orders as may deem fit and proper in the circumstancesof the case.

    For the same reasons stated above it is prayed that this Hon'ble Court may be pleased to

    grant interim direction directing the Respondents 1 to 3 to immediately take care of

    prison inmates who are suffering due to lack of medical facilities and avert any further

    loss of lives due to negligence and dereliction on their part.

    Solemnly and sincerely affirm this the 22

    th

    day of September, 2014 and signed his namein my presence.

    DEPONENT

    BEFORE ME :: ADVOCATE :: HYDERABAD

    VERIFICATION STATEMENT

    I, Sangadala Amar Das, s/o Sangadala Venkateswara Rao, aged 21 years, being the

    person acquainted with the facts do hereby verify and state that the contents of para (

    ) ( ) ( ) etc., of the Affidavit filed in support of the Public Interest Ligation are true to

    my personal knowledge, those of para ( ) ( ) etc., are facts true to my knowledge

    based on information and those of para ( ) ( ) etc., are true to my knowledge based

    on records and believed to be correct and those of para ( ) ( ) etc., are based on legal

    advice believed to be correct.

    Verified at Hyderabad on this the 22

    nd

    day of September, 2014.

    ADVOCATE DEPONENT