Bail for dead man: Experts want probe

Suresh Pawar

The grant of bail by the Mumbai sessions court to a diabetic, amputee undertrial prisoner two days after he died has raised questions about the lack of communication between various arms of the state - prison authorities, government hospitals, police and prosecutors.

Suresh Dattaram Pawar, 65, died on May 9, days after his lawyer had applied for bail on health grounds, alleging that his condition worsened due to apathy at the JJ hospital. On May 11, the court granted bail on medical and humanitarian grounds, as it was shockingly not informed about Pawar's death. In December 2021, mid-day reported about Pawar's arrest along with his wife for allegedly cheating several people to the tune of R2 crore, promising homes at a cheap rate (‘Mahim's Bunty caught, Babli secures bail', Dec 23, 2021).

Negligence cost him a leg

Pawar's lawyer Advocate A Karim Pathan said, "The state machinery failed to communicate to the court the news of an under-trial person's demise. The court would not have released the bail order two days after my client's death had it been informed."

A small toe injury that Pawar sustained at Arthur Road jail got worse due to lack of care at the prison hospital. He was taken to JJ hospital in February for surgical intervention. An earlier advocate of Pawar moved the Bombay High Court, which directed the jail authorities to provide him medical attention. In April, an infection in Pawar's operated leg worsened due to septicaemia (blood poisoning), and in the third week of April, his leg had to be amputated.

"We came across glaring lapses during the course of treatment at JJ hospital and the next of kin is mulling legal recourse," said Karim.

Not enough doctors

Legal and human rights experts demanded a probe into the mix-up.

Valay Singh, project lead, The India Justice Report, New Delhi, said, "This is a clear indicator of absence of communication between courts and jails. Developing sepsis indicates medical negligence. It is evident in the numbers of doctors in jails. As per Prison Statistics India, only 44 doctors were sanctioned for 60 jails in the state, of which only 35 were actually appointed. This averages 1,053 inmates per doctor. The Model Prison Manual mandates one doctor for every 300 inmates."
Singh said various sub-systems need to communicate better and called for a probe. "We need to lay down SOPs and equip ground staff with digital tools to ensure such instances do not happen. It seems there were lapses at more than one level," he said.

A lawyer's responsibility

It is the duty of a lawyer "to uphold the interests of his client". Right to communicate with counsel is an essential element of a fair trial. While the Supreme Court in Imtiyaz Ramzan Khan v. the State of Maharashtra (2018) has directed legal services institutions to ensure effective communication between the legal aid lawyer and client, private lawyers are outside the accountability process.

"Bar councils across India should urgently ensure effective communication between lawyer and client, especially those who are in custody," said Sugandha Mathur, senior programme officer, Prison Reforms Programme, Commonwealth Human Rights Initiative.

Whose fault is it?

Mohammed Tasnimul Hassan, law student, Jamia Millia Islamia, Delhi, said the advocate and police may not have informed the court about the applicant's death, despite it happening in custody.

"This is a glaring example of systemic ignorance of prisoners as people with fundamental constitutional rights," he said. "Once a case is registered, it takes years for the accused to stand trial and even more years for a verdict. Granting bail to a dead prisoner highlights the need for comprehensive reforms. It exposes the gaps and inefficiencies that plague our legal framework, demanding a reassessment of procedures and a commitment to upholding the principles of justice. The overall functioning of the criminal justice system should be improved by abandoning over-criminalisation, ensuring police accountability, and resorting to a liberal interpretation of the idea of bail."