2023 (12) TMI 1359 - HC - Money Laundering

Seeking grant of interim bail - Money Laundering - bail sought on medical grounds - grievance of the applicant is that the applicant is not being provided proper and appropriate treatment in terms of post-epidural care in the prison premises, and thus, the applicant seeks that he be released on interim bail, in order to get appropriate treatment from Indian Spinal Injuries Centre, Vasant Kunj, Delhi - HELD THAT - This Court notes that the medical facilities available at the jail dispensary is not able to provide the medical treatment which is required by the applicant, as advised by the doctors concerned in terms of post-epidural care after his spinal surgery. Thus, considering that at this stage, no immediate arrangement can be made by the jail dispensary for ensuring appropriate medical care of the applicant, this Court deems it fit, for the purpose of ensuring that a balance is struck between the right of the prisoners to appropriate medical care and the right of the State to ensure rule of law, to allow the request of applicant to get the required physiotherapy treatment at the Safdarjung Hospital, Delhi. In case, the required medical care is not available at Safdarjung Hospital, Delhi, the applicant may move a fresh application before this Court for being treated at Indian Spinal Injuries Centre, Vasant Kunj, Delhi. The applicant be admitted to Safdarjung Hospital, Delhi, which is also a referral hospital as per Jail Referral Policy, Delhi for a period of two weeks, within two days of receipt of this order. However, the applicant shall continue to be in the custody of Superintendent of Jail concerned, and the Jail Superintendent concerned shall ensure that appropriate and adequate security is provided/deputed in the hospital since the accused will continue to remain in judicial custody though under treatment in the hospital. Application disposed off.

Issues Involved:
1. Interim bail on medical grounds.
2. Adequacy of medical facilities in prison.
3. Prisoner's right to health and appropriate medical treatment.
4. Public perception of preferential treatment.
5. Lack of appropriate medical treatment facilities in Delhi prisons.

Detailed Analysis:

i. Interim Bail on Medical Grounds
The applicant sought interim bail for twelve weeks on medical grounds, arguing that the prison facilities were inadequate for his required post-epidural care. The applicant was diagnosed with a serious spinal condition and had undergone a complex medical procedure, necessitating specialized physiotherapy and medical equipment unavailable in the prison. The applicant contended that the lack of proper medical care in the prison could exacerbate his condition, potentially leading to life-threatening complications.

ii. Adequacy of Medical Facilities in Prison
The court examined the medical facilities available at the prison and found them lacking in necessary equipment for the applicant's prescribed physiotherapy sessions. Reports indicated that essential machines like IFT and ultrasonic equipment were unavailable at the prison dispensary. The court noted that the applicant's medical condition prevented him from traveling outside the prison for treatment due to the risk of aggravating his condition.

iii. Prisoner's Right to Health and Appropriate Medical Treatment
The judgment emphasized that prisoners retain their fundamental right to life and humane treatment, which includes access to necessary medical care. The court cited precedents affirming that incarceration does not strip individuals of their right to health care. The court highlighted that neglecting the medical needs of prisoners violates their fundamental rights and undermines the principles of justice.

iv. Public Perception of Preferential Treatment
The court addressed the misconception that affluent inmates receive preferential treatment, clarifying that medical care should not be influenced by an inmate's economic status. The judgment reiterated the principle of equality before the law, asserting that all inmates are entitled to basic medical care, regardless of their financial standing.

v. Lack of Appropriate Medical Treatment Facilities in Delhi Prisons
The court criticized the inadequate medical infrastructure in Delhi prisons, noting the absence of essential physiotherapy equipment. The judgment stressed the state's responsibility to provide adequate health care to prisoners, emphasizing that prisoners' health should not be compromised due to insufficient facilities. The court acknowledged the challenges in equipping prisons with advanced medical equipment but stressed the need for a high standard of health care within the prison system.

Conclusion:

i. The Decision
The court allowed the applicant to receive the necessary physiotherapy treatment at Safdarjung Hospital, Delhi, under judicial custody, due to the lack of adequate facilities in the prison. The court issued directions for the applicant's treatment, including the formation of a medical board to monitor his condition and the provision of security during his hospitalization. The applicant was required to bear the expenses of his medical treatment.

ii. Directions to the Government of NCT of Delhi
The court directed the Government of NCT of Delhi to ensure that prison health care meets high standards. It ordered the establishment of a committee to assess and improve medical facilities in prisons, ensuring that inmates receive timely and adequate health care. The court emphasized the importance of maintaining medical infrastructure in prisons to uphold prisoners' rights to health care.

The applications were disposed of with these directions, and copies of the judgment were forwarded to relevant authorities for compliance.

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