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M.Salahuddin Ayub S/o Sadiq Zaheeruddin, v. The Government of Telangana

Telangana HC2 Mar 2015PIL/246/2014

Case brief

AI extract

What is this about?

In this PIL regarding deaths of jail inmates due to alleged medical negligence, the petitioner's petition for appointing doctors was dismissed as posts were filled. The Court directed a joint enquiry by Home and Medical authorities to investigate causes of death and negligence within four months, declining to grant compensation.

What did the court decide?

Directing Principal Secretary Home Department and Director of Medical and Health Services to conduct a joint enquiry into deaths in jail within four months.

M.Salahuddin Ayub S/o Sadiq Zaheeruddin, Vs The… — Medical Negligence | Telangana HC (2015)

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HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

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THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR

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PUBLIC INTEREST LITIGATION No. 246 of 2014

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Date: 02.03.2015

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Between:

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M. Salahuddin Ayub

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… Petitioner

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And

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The State of Telangana, rep., by its Principal Secretary Home Department, Hyderabad & others.

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… Respondents

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This Court made the following:

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THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION No. 246 of 2014

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ORDER: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)

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This Public Interest Litigation has been filed for two reliefs. One is in relation to the inaction on the part of the respondents in not appointing the Doctors according to the sanctioned strength in the jail as a result thereof, according to the petitioner, number of inmates either died or have been suffering from serious medical problems and the second prayer is for holding an enquiry as to the reasons for deaths arising out of alleged negligence on the part of the authorities and for payment of compensation.

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As far as the first prayer is concerned, the learned counsel for the petitioner submits that after this writ petition has been filed and followed by the intervention of this Court by suitable order now all the posts of the medical unit of the jail have been filled up. Therefore, now there is no issue on this aspect.

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As far as the medical facilities in the jail is concerned, the learned counsel says that a direction should be given to the Government to hold an enquiry with regard to the deaths occurred.

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The principal grievance of the petitioner has been redressed, but it is alleged that there has been deaths on account of lack of medical facilities or negligence on the part of the authorities. We therefore direct

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the Principal Secretary, State of Telangana, Department of Home, and the Director of Medical and Health Services, State of Telangana, to make a joint enquiry on the following facts.

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1. What are the causes for the death of the persons as mentioned in the writ petition and admitted by the State respondents in their counter affidavit, and

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2. At whose negligence such deaths took place.

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After holding an enquiry appropriate legal measures shall be taken. The entire exercise shall be completed within a period of four months from the date of communication of this order.

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As regards payment of compensation for deaths is concerned, this Court does not want to grant any relief at the instance of the petitioner, as the same relates to personal rights of the persons affected.

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The writ petition is accordingly disposed of.

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Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

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___________________ K.J. SENGUPTA, CJ

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___________________ SANJAY KUMAR, J

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Date: 02.03.2015 ES

M.Salahuddin Ayub S/o Sadiq Zaheeruddin, v. The Government of Telangana

Case brief

What is this about?

What did the court decide?

M.Salahuddin Ayub S/o Sadiq Zaheeruddin, v. The Government of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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