State Can't Refuse Care, Adequate Medical Facilities To Undertrial Prisoners On Any Grounds: Allahabad High Court
Sparsh Upadhyay
15 Oct 2024 8:01 PM IST
Image : Zia Rizvi
The Allahabad High Court recently observed that the State could not, by any stretch, decline to provide an accused under custody with adequate medical facilities on any ground.
A bench of Justice Samit Gopal emphasised that providing care and medical facilities to an under trial during illness is also the responsibility of the State, which it cannot escape.
The single judge made these observations while taking exception to the state authorities' refusal to provide medical aid/surgery assistance to an undertrial prisoner (applicant before the Court) on the grounds that the mode code of conduct for the Lok Sabha election 2024 was in force at the relevant point of time.
“This is totally unacceptable. The accused is in custody under supervision of the State. The State cannot by any stretch decline providing him adequate medical facility on any ground. In the present case, in the opinion of the Court, the ground as taken by the Jail Superintendent, District Jail, Deoria is totally uncalled for,” the Court remarked.
In its order, the Court also directed the District Magistrate, Deoria, and the Superintendent of Police, Deoria, to look into the matter personally and file their affidavits intimating the Court as to why adequate arrangements for the applicant's (an under-trial prisoner) surgery were denied.
The Court also directed the authorities to intimate under what circumstances the applicant's movement for surgery was denied and who was responsible for it, since if surgery was opined, then it could not wait on the whims of officers but had to be performed on the opinion of the doctors.
The applicant's counsel apprised the court that since the applicant-accused was unwell in jail, on his application dated April 16, 2024, the Additional Sessions Judge, Deoria, directed that he receive appropriate medical treatment.
However, the Jail Superintendent refused to provide him with treatment, citing the Code of Conduct for the Lok Sabha elections. It was further stated that the medical treatment would be provided once the MCC is lifted.
Case title - Qayamuddin vs state of UP
