A Division Bench of the Kerala High Court has directed the Director, Health Services, to authorise a senior medical officer to conduct an inquiry into the allegation by the convicts who were assaulted by some officers of the Central Prison, Thiruvanthapuram, that the medical officer of the prison did not take note of the injures suffered by them during a medical examination.
The Bench comprising justice K. Vinod Chandran and Justice M.R. Anitha ordered that the inquiry report be placed on record within three weeks.
The court issued the directives when a petition filed by parents of Tittu Jerome, a convict in the Kevin murder case, alleging assault on their ward and other inmates of the jail came up for hearing.
The directives were given as the Director-General of Police, Prisons, had expressed helplessness to conduct an inquiry into the allegation against the doctor. The DGP in his affidavit stated that the officers involved in the alleged incident had been suspended and disciplinary proceedings were pending against them. The affidavit also pointed out the punishment awarded to these convicts for allegedly bringing in alcohol illegally into the prison.
The court directed the Superintendent of Prison to place before the court records of the inquiry conducted into the alleged smuggling of alcohol into the prison along with the logbook maintained by the medical officers.
The court flayed the DGP for expressing “anguish" over the court's observations against the medical officer and the statement that due to the court observations, he was constrained to request for the jail medical officer's transfer from the prison.
The court said that "the DGP will do well to remember that the observations are of a constitutional court and it is not for the officers to show resentment about such observations in an affidavit.” Unfortunately, not only was his choice of words unbecoming but had also not chosen to deal with the specific issues pointed out by the court.
The tenor of the concluding paragraph seems to be that the service of the particular medical officer “is imperative in the Central Prison,” which, the court felt, was "quite uncharitable for the innuendo implied on the State medical force.”
The court also pointed out that if any mischief was committed by a prisoner, the punishment had been prescribed in the Kerala Prisons and Correctional Services (Management) Act and rule and there was also specific procedure for conducting inquiries for awarding the punishment. Therefore, the punishment could not be third-degree measures, putting the life and limb to peril.
The court posted the case on February 8 for further hearing.
