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N.K.Assumi (Advocate)     30 January 2014

Is it a breach of duty?

An under trial prisoner (UTP)  was hospitalized for his fatal injury on the right leg and was rendered immovable. In the evening the lone police constable  on guard of  the said UTP and  on the request of the UTP  went to collect food for the UTP. But when he return to the hospital after 40 minutes with the food he found the UTP hanging on the windows of the hospital. On that night the said UTP  was the  only one patient in the male ward. Question is whether the lone police constable is guilty of lack of integrity, and lack of devotion to duty and fit for suspension or termination.



Learning

 6 Replies

Laxmi Kant Joshi (Advocate )     30 January 2014

The police constable who was doing guard duty of that under trial prisoner who had committed suicide in the hospital on taking benifit of the negligence of constable in his duty, the constable will be booked and punished u/s 166/304A ipc and his services will be terminated after convicted and got punished by the court .

Sudhir Kumar, Advocate (Advocate)     31 January 2014

apprently guiilty?

N.K.Assumi (Advocate)     31 January 2014

Thank you Sir, but don't you think that to deny food to the UTP also amounts to violation of Human Rights?

Laxmi Kant Joshi (Advocate )     31 January 2014

it is totally negligence in duty done by the constable to left alone the under trial prisoner, hospital authority is authorised to provide the Food to the hospitalized patients , there is no question of violation of human rights .

Laxmi Kant Joshi (Advocate )     31 January 2014

it is totally negligence in duty done by the constable to left alone the under trial prisoner, hospital authority is authorised to provide the Food to the hospitalized patients , there is no question of violation of human rights .

Avadhesh Paliwal (advocate)     31 January 2014

the constable will be booked and punished u/s 166/304A ipc

police will be responsible for all that and it is faul of police u/s 166/304A


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