Professional Documents
Culture Documents
of 2014
BETWEEN:
M. Salahuddin Ayub (aged 53 years),
S/o Sadiq Zaheeruddin,
Plot No. 259/A, MLA Colony,
Rd No. 12, Banjara Hills,
Hyderabad 500034
PETITIONER
AND
1. The State of Telangana
2. The Government of Telangana, Represented by the Principal Secretary to
Government, Home Department, T.G. Secretariat, Hyderabad.
3. Director of Medical and Health Services, Telangana State
4. The Director General and Inspector General Prisons and Director of
Correctional Services, T.G., Hyderabad.
...RESPONDENTS
AFFIDAVIT
I, M. Salahuddin Ayub S/o Sadiq Zaheeruddin, Aged 53 years, R/o Plot No. 259/A,
MLA Colony, Road No.12, Banjara Hills, Hyderabad 500034 do hereby solemnly
and sincerely affirm and state as follows:
1. I submit that I am the Petitioner herein and as such I am well acquainted with
the facts of the case. The petitioner-herein was an inmate of the Central Prison,
Cherlapally as an Under-Trial prisoner (UT-2054 & UT-8493) and was a victim
of negligence, incompetence and callousness on the part of the prison authorities
to provide proper medical care.
2. I respectfully submit that I have no personal grudge against any of the
authorities and the filing of this PIL should not be construed as an act done in
vengeance. The sole objective behind filing of this PIL is to highlight the plight
of prison inmates who are regularly exposed to gross violations of their
Constitutional Rights.
3. I respectfully submit that this Public Interest Litigation is to highlight the
suspicious and unexplained deaths of 23 inmates in the current calendar year
where the underlying reasons cited by the prison authorities are far from
realistic.
10. The details of the inmates who have died in these suspicious and negligent
circumstances are:
#
Prison ID
Number
UT-9620
CT-6916
CT-3801
CT-1588
UT-2513
UT-588
UT-2632
UT-4343
UT-3946
10
CT-317
11
CT-7962
12
CT-1864
13
CT-1834
14
CT-5277
15
CT-2037
16
CT-9981
17
UT-2467
18
UT-5579
19
UT-7446
20
CT-7623
21
UT-6696
22
UT-4599
23
CT-6918
Approx
Age
Date of
Death
22 yrs
08-Jan-2014
23 yrs
10-Jan-2014
33 yrs
20-Jan-2014
66 yrs
30-Jan-2014
57 yrs
16-Feb-2014
19 yrs
19-Feb-2014
24 yrs
23-Mar-2014
35 yrs
16-May-2014
65 yrs
19-May-2014
55 yrs
20-May-2014
31 yrs
30-May-2014
39 yrs
14-Jun-2014
54 yrs
28-Jun-2014
26 yrs
05-Aug-2014
54 yrs
06-Aug-2014
54 yrs
16-Aug-2014
36 yrs
17-Aug-2014
28 yrs
27-Aug-2014
22 yrs
28-Aug-2014
35 yrs
02-Sep-2014
42 yrs
04-Sep-2014
22 yrs
04-Sep-2014
62 yrs
15-Sep-2014
In Rama Murthy vs State of Karnataka(1997) 2 SCC 642 the Honble Supreme Court
observed:
Society has an obligation towards prisoners' health for two reasons. First, the
prisoners do not enjoy the access to medical expertise that free citizens have. Their
incarceration places limitations on such access; no physician of choice, no second
opinions, and few if any specialists. Secondly, because of the conditions of their
incarceration, inmates are exposed to more health hazards than free citizens.
Prisoners therefore, suffer from a double handicap.
11. I respectfully submit that all the deceased-inmates listed above hail from poor
financial strata of society with no resources to fight-back the system and
survive; hence these incidents remained silent from the outside world. The
medical facilities within the prison are far from even the basic requirements of
qualified medical staff, equipment, medicines, diagnostics, etc.
12. I submit that in the circumstances stated above, I have no efficacious alternative
remedy, except to approach this Hon'ble Court under Article 226 of the
Constitution of India.
13. I submit that I have not filed any Public interest litigation, writ petition, suit or
other proceedings for the relief or relieves sought herein.
For the reasons stated above it is prayed that this Hon'ble Court may be pleased to
order for an independent and time bound inquiry to ascertain the real facts behind
the mysterious deaths of the prison inmates and issue a Writ of Mandamus, or any
other appropriate writ, order or direction, declaring the omission/commission of the
Respondents 1 to 4 in not extending the medical facilities to the prison inmates
resulting into their deaths as illegal, arbitrary and violative of Article 21 of the
Constitution and the said authorities shall be made liable for the same.
It is also prayed that this Hon'ble Court may be pleased to order the 1 st Respondent
(State 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 circumstances of 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 4 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 18th day of September, 2014 and signed his
name in my presence.
DEPONENT
BEFORE ME :: ADVOCATE :: HYDERABAD