Delhi High Court Warns Tihar Jail Superintendent Of Contempt For Not Taking Inmate To Hospital For Surgery

The Delhi High Court recently issued notice to the Superintendent at Tihar Jail, asking him to show cause why contempt proceedings should not be initiated against him for failing to get an inmate admitted to the hospital for required surgery, despite Court's directions and resumption of normal surgeries after decline in the second wave of Covid-19.

The Court also directed the Jail Superintendent to take immediate steps for treatment of the concerned inmate now and also submit his medical report to the Court. In this regard, Justice Mukta Gupta observed thus:

"It is unfortunate that despite surgery of the petitioner required to be performed and now in various hospitals at least from July, 2021, the Covid cases being under control, normal surgeries are being performed, the Superintendent Jail has made no efforts to take the petitioner to Patel hospital for surgery."

"Issue notice as to why proceeding under the Contempt of Court be not initiated against Mr. Raj Kumar, Superintendent Central Jail No.4, Tihar, New Delhi," the Court added.

The Petitioner, an inmate at Tihar Jail,  had moved the High Court seeking interim bail on the ground of medical condition.

He was examined thoroughly in March this year by Patel Hospital and was advised 2-3 days admission for incision and removal of painful limpoma. Thereafter, due to his high blood pressure, the petitioner was advised to come with the reports of ECHO and repeat ECG. Later, his date of surgery was fixed as 30th March.

In view of this, the Court directed the surgery to be conducted on the aforesaid date by providing adequate security to him in custody.

During the next course of hearing, it was found that when the petitioner was taken to Patel Hospital, the doctors advised him to come again in April due to high blood pressure issue. 

When the matter was again taken up on Thursday, the Jail Superintendent informed the Court that since he did not receive any intimation from Patel hospital, he did not take the petitioner to the hospital. 

Hearing this, the Court said:

"This stand of the Superintendent Tihar Jail is despite directions of this Court to get the petitioner treated. Even if surgeries were suspended due to rise in the Covid-19 cases, Superintendent Jail has made no efforts to ensure that the petitioner is admitted and surgery performed once the Covid cases came down and all hospitals had started admitting patients for other surgeries." 

The Court issued notice in the case as to why proceeding under the Contempt of Court should not be initiated against the Jail Superintendent and directed him to be personally present through video conferencing. It further ordered:

"In the meantime, the Superintendent Central Jail No.4, Tihar, New Delhi is directed to take immediate steps to get the petitioner admitted in Patel Hospital in custody, if so advised by the hospital so that the necessary surgery can be performed at the cost and expense of the petitioner."

The matter will now be heard on August 18.

Case Title: ROMAULD KOFFI alias MIKE alias JACK v. GNCTD

Click Here To Read Order 

Edited by Akshita Saxena