Supreme Court Directs Kuki Undertrial In Manipur Jail To Be Taken To Assam For Medical Treatment After HC Cited Threat To Law & Order
In a significant development, the Supreme Court expressed its dismay (on July 3rd) in a case in which an accused lodged in Manipur Central jail could not be taken out for medical examination because he belonged to the Kuki community.
The Court directed the State to immediately make necessary arrangements to take the accused to Gauhati Medical College in Assam and get him examined there.
The bench comprising Justices JB Pardiwala and Ujjal Bhuyan ordered the concerned officials to obtain detailed medical reports in this regard and place the same before the Court on or before July 15, 2024. It was also made clear in the order that all the expenses were to be borne by the state.
The Court observed in the order :
"However, we notice something very disturbing. It appears that the petitioner is suffering from Piles, TB...he also complained before the jail authorities of severe backpain.
On Nov 22, 2023, a medical officer examined and noticed tenderness in the lower spine and recommended an x-ray of the same, but unfortunately such facility was not available at Manipur Central jail.
The report does not say anything about TB or piles. In the impugned order, the HighC has said that the petitioner accused can not be taken out of jail as he belongs to the Kuki community and it would be hazardous because of the law and order situation."
The accused was seemingly suffering from piles, TB and severe back pain. He had also complained to the jail authorities about the same.
On Nov 22, 2023, a medical officer examined and noticed tenderness in lower spine and recommended x-ray of the same, but unfortunately such facility was not available at Manipur Central jail. When the matter was taken up to the High Court, the HC observed “the petitioner accused can not be taken out of jail as he belong to the Kuki community and it would be hazardous because of the law and order situation.”
The Top Court recorded in its order that it could have observed as regards the approach of the State as well as the HC, however, at present, it was refraining from do so.
Notwithstanding, the Bench led by Justice Pardiwala made it clear that if the medical report reveals something very serious, the Supreme Court will take it to task.
“Take it from us, Mr counsel. As an officer of the court...not as the counsel of the State, impress upon the authorities that this man should be taken...,” the Court said to the State Counsel before parting.
Case Details: LUNKHONGAM HAOKIP Versus THE STATE OF MANIPUR AND ANR., SLP(Crl) No. 4759/2024