COMMENTARY
INTERVIEWS
SPECIALS
CHAT
ARCHIVES

Court issues notices in Rajan Pillai death case, final hearing on October 30

The Delhi high court has issued show-cause notices to the ministry of home, the lieutenant governor of Delhi and several top Tihar jail officials and fixed for final hearing a petition filed by the widow and children of 'biscuit tycoon' Rajan Pillai seeking compensation for the death of the businessman in judicial custody.

Justice Anil Dev Singh, after hearing a brief argument of the counsel for the petitioners, the Central government, Delh's lieutenant general and Tihar jail officials, directed the case to be listed for final hearing and disposal on October 30. The judge asked the parties to file their replies within two weeks.

The Tihar jail officials who were issued notices were Superintendent A K Singla, Assistant Superintendent Bacha Majhi, Deputy Superintendent Mahabir Singh and medical officers Dr Hira Lal and Dr Venkatasubbaiah.

Senior counsel K T S Tulsi appearing with advocate Vikas Pahwa accepted the notices on behalf of the respondents.

In the civil writ petition argued through senior counsel Indira Jaisingh, Nina Pillai, the widow of Rajan Pillai, and her children -- Rajan Krishna Pillai and Rajan Shiva Pillai (both minor) -- have urged the court to pass an order for the payment of compensation to the petitioners for the death of Rajan Pillai due to the 'negligence and brutal atrocities' by jail authorities of Tihar.

Pillai alleged that her husband was ''the sad victim of the potent admixture of brutality, torture, atrocity, insensitivity, recklessness and negligence culminating in his unlawful death at the hands of the home ministry through officers under its control, direction and supervision.''

She said the petition was being filed with an aim to bring justice to those who have committed a 'public wrong and help enforce the rule of law and added that in the process, justice would be done not only to her husband but also to hundreds of other undertrials who were similarly suffering.

Pillai contended that the home ministry should be directed to pay the appropriate exemplary compensation taking into consideration all relevant factors, including the income of the deceased, the heinous nature of the wrong inflicted and the life expectancy of the deceased.

The compensation, if so awarded, would be used for charitable causes, particularly relating to the conditions of the undertrials, Indira Jaisingh contended.

Besides seeking compensation, Pillai also demanded the implementation of the recommendations of the Leela Seth Commission, which probed the death of the biscuit tycoon in the jail in 1995.

The Leela Seth Commission had in its report recommended among other things, the reduction of prison population, no more than three inmates to a cell, provision of adequate toilets, bathrooms and running water, 24-hour healthcare and availability of specialist doctors on call, special attention to prisoners inflicted with serious ailments or with a drug problem and ensuring ventilation, disposal of waste and sewage, sanitation, safety of food and ground water.

The senior counsel prayed that the court should declare that the respondents had violated the fundamental rights to life, dignity and equality of Rajan Pillai by their acts of commission and ommissions and take actions, including dismissal, demotion and payment of exemplary damages, against the jail officials.

She urged the court to direct the medical council or any other appropriate authority to initiate disciplinary action against the doctors and injunct them from practising as medical practitioners.

UNI