SC Modifies Bombay HC Order, Allows Accused To Seek Pvt Treatment As Her Son Died Under Govt Hospital’s Treatment

Modifying an order of the Bombay High Court, the Supreme Court has allowed a woman currently lodged at Byculla Prison, Mumbai, to take private treatment instead of a government one.

The accused, who is supposed to undergo angioplasty, was opposed to the idea of being treated in a government hospital as her son, a co-accused, died while he was under treatment at a government hospital.

Firstly, she sought temporary bail on medical grounds from the high court. A medical board constituted by the court concluded in its report dated August 22 that the accused needed to get angioplasty done. Thereafter, it was submitted by the Additional Public Prosecutor before a bench headed by Justice AS Oka that the state was willing to bear the cost of medical expenses of the accused, which was estimated at Rs. 1,50,000.

Thus, the high court rejected the application for temporary bail and directed the accused to be shifted to JJ Hospital. Doctors at the said hospital were directed to carry out the necessary treatment for the accused.

The accused then filed a special leave petition before the Supreme Court and sought a stay on the high court order. The stay was granted.

Allowing the appeal, the bench of Justice Ranjan Gogoi and Justice Navin Sinha clarified in their order that the accused may move to the high court for bail again as and when the details of her treatment are finalized. They said-

“We find the prayers made by the appellant for being treated in a private hospital of her choice and at her own cost to be reasonable, particularly, in a situation where she is averse to taking treatment in the Government Hospital on account of the fact that her son, a co-accused, had died while undergoing treatment in a Government Hospital. We, therefore, modify the order of the High Court; allow this appeal and permit the appellant to undergo Surgery/Angioplasty in a private hospital of her choice and at her own cost details of which will be provided to the concerned Jail Authorities whereafter the concerned Jail Authorities will work out the necessary details so as to enable the appellant to have the requisite treatment.”