9911796707
TMI Blog2023 (12) TMI 1359X X X X Extracts X X X X X X X X Extracts X X X X ..... g 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. - HON'BLE MS. JUSTICE SWARANA KANTA SHARMA For the Appellant : N. Hariharan, Sr. Adv., Tanveer Ahmed Mir, Vaibhav Suri , Shashwat Sarin and Ms. Ariana Alhuwalia, Advs. For the Resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ail premises. It is submitted that pursuant to the order dated 17-11-2023 passed by this Court in the present case, the applicant was discharged from the Indian Spinal Injuries Centre on 20-11-2023. It is stated that as per the discharge summary of the applicant, he was evaluated and diagnosed as a case of C3-C4 herniated nucleus pulposus (Annular tear) and Right C6-C7 foraminal disc Osteophyte complex causing stenosis. The applicant had undergone C6-C7 transforaminal epidural steroid injection and Right C6-C7 facet joint block under local anaesthesia. The applicant was advised to continue medication and physiotherapy (IFT/ TENS/ Ultrasonic), as per symptoms. It is further submitted that the applicant was advised by the concerned doctors to continue taking physiotherapy sessions, however, since 20-11-2023, no physiotherapy sessions have been provided by the concerned medical staff at the jail hospital despite the daily visits of the applicant to the OPD located within Jail No. 7, since the jail hospital does not have the requisite facilities where the applicant can get physiotherapy sessions. It is further stated that the concerned medical staff at Jail No. 7 has informed the appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asis of false averments as the applicant has been receiving appropriate medical care as has been advised by the doctors for his post-epidural care. It is further argued by learned Special Counsel that if the medical care provided in Central Jail-07 is not appropriate in the opinion of the applicant, then a request for shifting him to other jail where appropriate medical equipment for the physiotherapy session is available, can be considered. Thus, it is prayed that the present application for interim bail on medical grounds be dismissed. 5. This Court has heard arguments addressed by the learned counsel for applicant and learned Special Counsel for Directorate of Enforcement and has perused the case file including the medical history of the applicant and previous orders of this Court. ANALYSIS AND FINDINGS i. The Sequence of Events 6. This Court had permitted the applicant to be admitted for specialized treatment in ILBS hospital, Delhi vide order dated 19-9-2023 after considering the medical history of the applicant, the advice of the doctor concerned and requirement for his further treatment. Thereafter, this Court had allowed the request of applicant to be admitted for further t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se summary, radiology investigation reports of patient Mr. Amandeep Singh Dhall as copies provided by you through email. At present patient medically stable and is advised to continue medications and physiotherapy. Also want to inform you that physiotherapy can be managed at domicile premises by physiotherapist or he can come for physiotherapy on OPD basis 9. Thus, the medical report dated 06.11.2023 reveals that the further treatment of the present applicant does not necessitate his stay in the hospital and if required, he can come for physiotherapy in OPD. Further, it has also been categorically opined by the doctor concerned that physiotherapy sessions can also be managed at domicile premises which at present in the case of applicant is the jail premises or jail hospital. Needless to say, the jail authorities shall ensure that the applicant is provided with the treatment as prescribed by the doctors concerned and the Jail Hospital Referral Policy, issued vide orders dated 10.02.2011 and 27.06.2022 by the office of Director General (Prisons), GNCTD is followed in letter and spirit. 10. Therefore, in view of the fact that the current medical condition of the applicant is stable an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... summary dated 20/11/2023 from Indian Spinal Injuries Centre. (ANNEXURE-A1) Multiple times the inmate patient visited the jail dispensary for the complaint of neck pain radiating to right upper limb for which he was advised to continue physiotherapy and medicines as advised at Indian Spinal Injuries Centre. The Inmate patient was reviewed by jail visiting physiotherapist for his complaint of neck pain with pain in right arm and loss of sensation in right hand fingers wherein he was advised hot water fomentation as IFT and Ultrasonic were not available at CJ-07 dispensary. However, the same can be provided at different jail dispensaries in the prison complex or at higher centres as per jail referral policy. (ANNEXURE-A2) Further the Inmate patient submitted an application for not sending him to any outside OPD as he was under serious discomfort due to constant jerks/vibrations d ring transit to the outside hospital. (ANNEXURE-A3) The Inmate patient is being provided supervised Physiotherapy once weekly (one session) and was advised continue cervical isometric exercises and hot water fomentation along with medications. On 13/12/2023, the Inmate patient visited CJ-07 jail dispensary fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... possesses an inherent right to life and humane treatment. This includes the right to receive medical care that addresses his health needs and prevents unnecessary suffering. To neglect the medical well-being of prisoners is to deny them a fundamental right to life. 13. Incarceration does not deprive individuals of their fundamental right to life which includes right to appropriate health care. Prisoners, like all members of society, may face various health issues, both pre-existing and emergent during incarceration. Denying them access to necessary medical care not only deteriorates their health conditions but can lead to preventable suffering and, in extreme cases, loss of life. This neglect not only undermines the principles of justice but also challenges the moral foundation of a society that values the dignity and worth of every human being even if, he is a prisoner. 14. In State of Andhra Pradesh v. Challa Ramkrishna Reddy [2000] 5 SCC 712, it was held by the Hon'ble Supreme Court that right to life enshrined under Article 21 of Indian Constitution is guaranteed to every person, including a prisoner, whether a convict, an under trial or a detenu. The relevant observations ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the provision of medical care within the criminal justice system is not determined by one's economic status. Every inmate, regardless of his financial standing, is entitled to receive basic medical care, a fundamental human right that transcends socio-economic disparities. 17. In a just and equitable legal system, the principle of equality before the law is paramount. This means that every individual, regardless of their wealth or social status, is subject to the same legal standards and protections. The right to medical health care is intrinsic to this principle, ensuring that no inmate is denied basic healthcare services solely based on their financial resources. It is essential to recognize that, in the eyes of the law, every prison inmate is equal and possesses the basic human right to receive adequate medical care, reinforcing the foundational principles of a legal system which is not only just but also humane. v. Lack of Appropriate Medical Treatment Facilities In Delhi Prisons 18. The present case brings to light a critical issue concerning the standard of medical treatment within correctional facilities, shedding light on the alarming inadequacies in the healthcar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicant were not in working order. The prison population which includes vulnerable groups in terms of health conditions needs to be taken into account and adequate health facilities should be provided inside the jail as due to various reasons, the under trials have to remain within confines of the jail. Inadequate access to medication and health care or delays in providing timely medical interventions may, at times, have permanent devastating effect on prisoners health. 24. The Courts cannot allow inadequate prison health care system to violate a prisoner's right to timely and adequate medical health care. Preserving the health of the prisoners would require a mechanism to monitor and promote the health care system available in the prisons. In face of increased health vulnerabilities, many prisoners have heightened risk of permanent damage to their bodies. In this regard, it became important for this Court to review the protection and legal obligations of the State to provide high, however, attainable standard of health care, which is part of right to life. 25. At the same time, this Court also acknowledges that it is not possible for the jail authorities through the State, to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. (b) The Jail Superintendent concerned shall make arrangement to shift the applicant in an ambulance to the said Hospital. (c) The Medical Superintendent of Safdarjung Hospital, Delhi will constitute a medical board which will furnish a weekly report to this Court regarding the medical status of the applicant and the need to continue treatment or hospitalization and also provide a copy of the same to the Enforcement Directorate and Central Bureau of Investigation. (d) It is also ordered that the entire expenses of medical treatment, hospitalization, security, and other incidental expenses incurred on the treatment shall be borne by the applicant. (e) During hospitalisation, the wife and children of the applicant are permitted to meet him between 11 AM to 12 PM and between 4 PM to 5 PM subject to the meeting hours and applicable rules of the hospital. The mother of the applicant Smt. Simrit Dhall will be permitted to meet the applicant daily during the prescribed meeting hours of the hospital. The sisters of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the machines and medical equipment and availability of medicines, etc. (d) The weekly report prepared by the Chief Medical Officers of all the prisons will also be sent to Secretary (Home), Government of NCT of Delhi, and Secretary, Health and Family Welfare, Government of NCT of Delhi. The issues so pointed out in the report mentioned above, will be addressed and the necessary supplies, equipments, medicines will be ensured to be provided within two days. The machines/medical equipment if not in order, will be repaired or a substitute will be provided immediately by the State. (e) The Secretary, Health and Family Welfare, Government of NCT of Delhi will constitute a Committee which apart from him will include the following: i. Director General (Prisons) ii. The CMO of the Delhi Prisons iii. Two senior Jail Visiting Judges of the District Courts to be nominated by the Principal District Sessions Judge (Central District), iv. The Secretary, DSLSA v. Sh. Sanjay Dewan, Advocate vi. Ms. Gayatri Puri, Advocate (f) The above committed will give suggestions, regarding improving the health care facilities in the prisons and ways to promote equal health care to all prisoners, within ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
