10 November,2021 08:10 AM IST | Mumbai | Vinod Kumar Menon
Jayram Desale, 82, was admitted at BYL Nair Hospital on Sunday and died on Monday
Can the death of an elderly person living in a private old age home be termed as "custodial death"? This issue cropped with the demise of an 82-year-old man at BYL Nair hospital on Monday as the forensic surgeon tagged the death as "custodial death" and thereby insisted the body to be sent to Grant Medical College, JJ Hospital for an autopsy under a magisterial inquest, which made the relatives and police run from pillar to post, delaying cremation by almost a day.
Jayram Desale, a Virar East resident, was admitted at Nair Hospital on Sunday in a comatose state and was declared dead on Monday around 10 am. Since the patient lost his life while undergoing treatment for less than 24 hours, the treating doctor could not certify the cause of death and referred the body to be treated as "medico legal case" to the hospital post-mortem centre.
Desale lived in an old age home in Virar East for over two years
The hospital issued the death intimation report to Agripada police, following which sub-inspector Narayan Anbhule recorded statements of the deceased's son, a BMC employee. As Desale's relatives did not suspect foul play, the police were about to register an accidental death case under section 174 of the Code of Criminal Procedure (CrPC).
"While we were awaiting the preliminary cause of death certificate for issuing the requisite forms for transportation and cremation of the body, we received a call from the deceased's relative that the autopsy surgeon at Nair Hospital advised to take the body to JJ Hospital for autopsy saying it was a case of custodial death," said a police officer. He added, "We were told the autopsy has to be done at JJ Hospital and that they have to get the inquest done under section 176 of CrPC."
Speaking to mid-day, Desale's daughter-in-law Tanvi said, "He had been living in Second Innings House, Ganeshpuri for over two years. The old age home had been taking good care of him. Two months ago, he fell and fractured his left hand. We had consulted many doctors, who said due to advanced age, it would not be advisable to operate on him. Then last weekend, we were told he was unconscious and taken to a private hospital."
"It was only when the body was referred to the post-mortem centre that we found they (hospital) were treating it as a police case after we informed them about his fall two months ago," said Tanvi. "The police are not at fault, it is all because of Nair hospital," she said, referring to the delay in getting the body.
A senior doctor attached to the hospital said, "Since the deceased's relative mentioned the history of fall, it was bound to raise concern. We had an instance in the past, where relatives of a deceased had questioned the autopsy surgeon of not seeking magisterial inquest for their family member who lived in an old age home."
Usually, deaths inside police lock up, prison, homes for children, etc where inmates are sent by a magistrate, are considered custodial death. When asked if it was right to term this case as custodial death, the doctor remained non-committal.
On Tuesday, the investigating officer visited Tehsildar office at Old Custom House and was informed verbally that the matter falls under Section 174 of CrPC and not 176. Following this, the police officer and relatives requested the autopsy surgeon at JJ Hospital to conduct the postmortem accordingly. The surgeon ruled out foul play and termed pneumonia and infected kidney as cause of death.
mid-day learnt from reliable sources that the doctor concerned was recently posted in the Department of Forensic Medicine and Toxicology at Topiwala National Medical College and BYL Nair Hospital.
When contacted Dr Pawan Sabale, head of the department at the hospital, said, "It was an interpretation issue, wherein the autopsy forensic surgeon was of the opinion that the case would fall under the ambit of âcustodial death'. We had asked the investigating police officer to take superiors and public prosecutors opinion on the same and if they differed and gave it in writing, we were willing to conduct the autopsy under section 174 of CrPC."
Dr Shailesh Mohite, former head of the department at the hospital, said, "In this case it is clearly indicates that lack of knowledge and lack of coordination between the police and autopsy surgeon led to unwarranted hassles, which could have been avoided"
Advocate Rajeshwar Panchal said, "This case shocks the human conscience as the dead body was being kept without any dignified final rites or rituals. Moreover, it was being done under absolutely fallacious understanding of law."
