Bombay HC Raises Alarm Over Insufficient Police Escort For Prisoners' Medical Visits, Urges Immediate State Action To Ease Prisoners' Difficulties

The Bombay High Court on Friday highlighted the problem of insufficient police escort for prisoners requiring visits to hospitals for urgent medical treatment and directed the state to appoint responsible officers to ensure that adequate escort is provided to prisoners in all such cases.

A division bench of Justice Sarang V Kotwal and Justice Shivkumar Dige observed that the lack of police escorts causes problems in providing essential medical services to prisoners and also results in prisoners not being brought to courts for hearings, leading to delays in trial. Court held:

“This is an extremely serious issue, which the authorities will have to address not only on the priority basis, but on the emergency basis. It is also necessary that some responsible officer is made accountable and responsible for providing the adequate escorts in all such cases. Sufficient number of escorts must be available throughout the State, so that these difficulties are not faced by the prisoners, the hospitals and the Trial Courts. The concerned officers will have to give priority to the cases where the prisoners facing medical emergency need to be taken to the hospital immediately.”

For compliance and necessary action, the court sent this order to the Secretary, Home Department – Government of Maharashtra, IG Prison, all Commissioners of Police in Maharashtra, all Superintendents of Police of all the Districts in Maharashtra, all the Principal District Judges in Maharashtra, as well as the Director General of Police, Maharashtra.

The court granted bail on medical grounds to one Suhas Dashrath Jagtap, convicted in a kidnapping case, who was not taken to the hospital for prescribed medical investigations due to unavailability of police escort despite multiple requisitions for police escort.

Jagtap, lodged in Yerwada Central Prison, Pune, filed the present application seeking bail during the pendency of his appeal against conviction, citing both the merits of the case and his health issues.

The court held that he could not be given bail on merits due to incriminating evidence against him. However, noting that despite spending over seven years in custody, his appeal has not yet been heard, the court decided to consider his case for bail on medical grounds.

Advocate Vrushali Maindad for Jagtap highlighted his health concerns, including throat pain, reduced mouth opening, and difficulty in swallowing. According to his family members, he may be suffering from cancer, but the medical tests are not being conducted.

Highlighting the urgency of the matter, the court on February 8, 2024, directed the State to expedite medical examination and treatment for Jagtap.

Subsequently, the Chief Medical Officer of the prison submitted a report dated February 12, 2024, revealing that he had been referred to Sassoon General Hospital, Pune, multiple times for a biopsy. 

However, despite repeated referrals and 14 requisitions for police escorts since January 5, 2024, Jagtap's further medical investigations were repeatedly delayed due to unavailability of police escorts.

The court expressed concern over the apathetic and in-humane treatment of prisoners, even those suspected of serious ailments. The court criticised the attitude of the authorities in dealing with the health issues of the prisoners and stated that urgent corrective measures are needed.

The court in an earlier hearing on Thursday had directed DCP Rohidas Pawar to appear personally before the bench to explain the failure to provide police escorts and propose corrective measures. Additionally, the Superintendent of Yerwada Central Prison was also summoned to appear before the court at the same time to address concerns regarding the treatment of prisoners, particularly in cases involving medical care.

DCP Pawar on Friday submitted a report outlining the practical difficulties in providing necessary escorts for medical emergencies. The report stated that at least 161 police personnel were required, but only 59 were present for hospital guard duty and providing escort to prisoners on February 13, 2024, when the latest requisition was made. The report mentioned that urgent corrective measures to address the shortage of police escorts will be taken.

The court observed that Jagtap's medical treatment had been superficial and lacked the necessary depth required for his condition. The court noted that since September 2023, no steps had been taken to address Jagtap's medical needs or to chart a proper course of treatment.

The court deemed it unjustifiable to continue detaining him in prison under such circumstances and granted him bail so that he can receive proper medical treatment with the support of his family. It also directed the authorities to provide his medical reports to his family members.

Advocates Vrushali L Maindad and Shaheen S Kapadia represented the Applicant.

APP Mahalakshmi Ganapathy represented the State.

Case no. – Criminal Interim Application No. 1465 of 2023

Case title – Suhas Dashrath Jagtap v. State of Maharashtra

Click Here To Read/Download Order