Treatment To Accused Must Be Provided In Another Hospital Not Being Covid Facility When Referral Hospital Is Fully Dedicated Covid Facility: Delhi High Court

The Delhi High Court on Wednesday directed the Delhi Government to ensure that an accused person must be provided the treatment required by approaching an alternative hospital not being a dedicated covid Facility when the same cannot be done in the referral hospital for the reason of it being a 100% dedicated covid Facility.

A division bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh was considering a bunch of petitions concerning decongestion of prisons, neglected treatment of non covid patients and non functioning of Undertrial Review Committee.

"We direct the State to ensure that whatever treatment/investigation is required by accused must be provided by approaching another hospital which is not 100% covid facility in case the referral hospital is 100% covid Facility." The Court directed.

Furthermore, the Court also observed that the Undertrial Review Committee cannot deal with the cases involving offences punishable with death under sec. 436A of CrPC. 

"It is not for the Undertrial Review Committee to evaluate and review the facts of the case as that is the reserve of the Trial Court. Therefore, all such cases which involve offence for which prescribed punishment for death cannot even be placed before the Committee under sec. 436A." The Court observed.

Sec 436A provides for the maximum period for which an undertrial prisoner can be detained. As per the provision if a person has undergone detention for a period of almost one half of the maximum period of imprisonment specified for the offence for which he is being tried, he shall be released by the Court on a personal bond with or without sureties.

The development came after hearing Advocate Kanhaiya Singhal, Senior Advocate Mohit Mathur and Advocate Kanwal Jeet Arora, Secretary of DSLSA.

During the course of hearing today, Senior Advocate Mohit Mathur apprised the Court that the said Committee had not convened for the past 2 years and that the Committee has to review the cases just like a Sentence Review Board.

At this, Justice Sanghi orally observed "The point is, the Committee is not judging the case on merits. The section is clear, if you are charged with offence punishable with death then sec. 436A will not apply."

Furthermore, the Court was apprised by the submissions of Advocate Singhal that it may not be possible for the inmate to approach the Court in every case and that in such cases where the referral hospital is a 100% covid facility, jail Authority should give the treatment at another hospital not being covid Facility.

With the aforesaid observations, the Court disposed of the petitions.