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Synopsis

A division bench of Nagpur, of the Bombay High Court, comprising Justice Rohit B. Deo and Justice Anil L. Pansare, on 08.09.2022, directed the additional public prosecutor to contact the Jail Medical Officer and file a report before the court on the medical status of the appellant.

The matter came before the division bench, after an application was filed by the daughter of one of the appellants who was convicted by a Gadchiroli Court. His daughter had filed the plea before the court, for directing the respondent to give him urgent medical attention, and seek examination by a Gastroenterologist. The applicant informed the court, that the appellant is suffering from several medical issues like abdominal pain with loose motions and involuntarily vomiting. Further, the applicant also stated that even though there is some medical treatment conducted by the Jail Medical Officer, there is a need for an urgent examination by a Gastroenterologist.

The additional public prosecutor submitted before the court that the Jail Medical Officer, Dr. Mohd. Rajik has assured him that General Surgeon from the Irwin Hospital, Dr. Arora is shortly visiting the Jail to examine the appellant. The court noted that every suggestion and advice which may be given by Dr. Arora shall be 'immediately and scrupulously implemented'.

The court in its order also stated that:

“Even a convict is entitled to the best of the medical treatment and the conviction does not in any manner dilute either the constitutional rights under Article 21 of the Constitution of India or then the basic human rights, one of the facets of which is that the convict receives appropriate treatment”

The court directed the respondent to file the medical status report on the next date when the appeal is to be heard on 12.09.2022.

 

Case Title: Prashant Rahi Narayan Sanglikar versus State of Maharashtra