Furnish Details Of Facilities Available to Treat Prison Inmates Who Test Positive For Covid-19 : Karnataka HC To State Govt [Read Order]

A division bench of Chief Justice Abhay Oka and Justice Hemant Chandangoudar while hearing a petition filed by Amole Kale an accused in the journalist Gauri Lankesh and Rationalist Narendra Dabholkar murder cases, said "We, direct the State Government to file a supplementary statement of objections."

The details sought by the court are:

(i) Number of positive COVID-19 cases so far detected in every prison in the State;

(ii) The facilities which are available in the prisons for treating COVID-19 patients;

(iii) Whether proper facilities of isolation are available;

(iv) Whether regular checks are being conducted in all prisons about the existence of symptoms in the inmates in the prisons;

(v) Whether there is any policy to test the under trial or convicted prisoners who are brought to the prison to ensure that they are not infected with COVID-19;

(vi) The State Government will have to clarify whether the prisoners who for the first time enter the prisons are quarantined for a limited period;

(vii) Other measures taken by the State Government for preventing the spread of COVID-19 in the prisons including subjecting the inmates of prison to regular tests.

Kale in his petition filed through Advocate Amruthesh N P, has stated that he is presently lodged inside the Mysuru central prison. He is having symptoms like throat pains and body ache. The jail authorities are not providing Covid-19 test facilities to prisoners with symptoms and covid-19 patients are increasing day by day in the Central Prison, Mysuru.

The plea states that in April, the advocate for the petitioner has sent a legal notice to the respondents to take his proper care as there is a high risk of him being infected as he has already undergone a surgery. This was followed by another letter bringing it to the notice about the conditions in Arthur road jail, Mumbai and to take necessary measures to avoid such a tragic situation in Karnataka.

The petition says Kale, has been arrested under the provisions of Karnataka Organised Crime Act, thus he will not be entitled to bail on the basis of guidelines issued in the backdrop of Covid pandemic. It is also said that since he is kept in the immediate next cell of the prisoners who are tested positive, he is under immense mental pressure.

The plea prays for directions to the authorities to take all precautionary measures to protect the petitioner from covid pandemic by maintaining social distance and providing urgent and quality medical aid. Pending the disposal of petition direct the authorities to shift him back to Central Jail, Bengaluru forthwith as better safeguards are being followed in the said jail and better treatment will be provided if any adverse situation arises.

The matter will be heard on September 23.

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[Read Petition]

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[Read Order]