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IN THE HIGH COURT OF DELHI AT NEW DELHI
Vikas Mahajan, J.
Nitish Kumar – Appellant
Versus
Directorate of Revenue Intelligence – Respondent
Bail Appln. 2072 of 2023
Decided On : 29-08-2023
Interim Bail - Medical Grounds - NDPS Act - [Chronic Plaque Psoriasis, Psoriatic Arthritis] - [Section 37/32A of the NDPS Act] - The court discussed the petitioner's medical condition and the legal provisions under the NDPS Act related to granting interim bail on medical grounds. The court emphasized the right to health as a fundamental right and the obligation of the State to provide adequate medical treatment to every person in custody. The court directed the petitioner to be examined by doctors at MAX Hospital, Saket and allowed family members to accompany the petitioner for the examination.
Fact of the Case:
The petitioner sought interim bail for medical and humanitarian reasons due to his precarious health condition, specifically chronic plaque psoriasis and psoriatic arthritis. The petitioner's counsel argued that the petitioner's health required sustained treatment not possible while in custody.
Finding of the Court:
The court emphasized the right to health as a fundamental right and the obligation of the State to provide adequate medical treatment to every person in custody. The court directed the petitioner to be examined by doctors at MAX Hospital, Saket and allowed family members to accompany the petitioner for the examination.
Issues: The main issue was whether the petitioner, in judicial custody, was entitled to interim bail on medical grounds due to his precarious health condition.
Ratio Decidendi: The court emphasized the right to health as a fundamental right and the obligation of the State to provide adequate and effective medical treatment to every person in custody. The court also discussed the legal provisions under the NDPS Act related to granting interim bail on medical grounds.
Final Decision: The court directed the petitioner to be examined by doctors at MAX Hospital, Saket and allowed family members to accompany the petitioner for the examination. The report of the doctors was to be placed on record before the next date with an advance copy to the other side.
JUDGMENT
Vikas Mahajan, J. The present petition has been filed by the petitioner seeking concession of interim bail for a period of 30 days on medical and humanitarian grounds on account of the precarious health of the petitioner.
2. Considering the petitioner's health condition delineated in the bail application this court vide order dated 28.06.2023, requisitioned the medical report of the petitioner from the concerned Jail Superintendent. Accordingly, a medical report dated 06.07.2023, was received. Since in the medical report dated 06.07.2023 there was a mention that the petitioner is scheduled to undergo an MRI LS Spine and Bilateral Hip Joint on 07.07.2023, a fresh medical report stating the outcome of the MRI was requisitioned from the Jail Superintendent.
3. Pursuant to the above, a fresh report dated 20.07.2023 was received by this Court. The relevant text on which reliance was placed by the learned counsel for the petitioner as well as learned senior standing counsel for the respondent/DRI reads as under:
"dk;kZy; ofj"B fpfdRlk vf/kdkjh
OFFICE OF THE SENIOR MEDICAL OFFICER
fMLisUljh] dsanzh; dkjkxkj la[;k% 04] frgkM] ubZ fnYyh & 110064
DISPENSARY, CENTRAL JAIL NO. 4, TIHAR, NEW DELHI-110064
MOI.C/CJ-04/2023/1991
Dated: 20/07/2023
Subject: Medical status report of inmate patient Nitish s/o Suman.
With references to the order of Registrar General, Hon'ble High Court of Delhi, at New Delhi seeking medical report of aforesaid inmate patient to be submitted as per date given.
At the outset it is to be most respectfully submitted that medical report of above said inmate had been duly submitted from this office on time vide letter no-MO/I.C/CJ-04/2023/1844, dated 02/07/2023 it is being reproduced as under-
As per available records, it is hereby submitted that the inmate patient admitted in Tihar CJ-4 on 05/05/2022, wherein his medical examination was done by the duty doctor. In medical examination, inmate patient didn't give any significant medical history.
Thereafter on 09/05/2022, 23/05/2022, 28/05/2022, 15/06/2022, 20/06/2022,28/06/2022 04/07/2022 and 05/07/2022, inmate patient was seen by doctor on duty for availing treatment as follow up case of psoriasis (diagnosed in the month of march in previous jail), rashes over back and lower leg, itching over body, for which he was examined thoroughly and prescribed appropriate treatment accordingly.
In the meantime on 31/05/2022 and 21/06/2022, inmate patient was seen by jail visiting Skin SR for related complaint, for which he was examined thoroughly and advised appropriate treatment accordingly. Thereafter on 20/06/2022, 27/06/2022 and 04/07/2022, inmate patient was seen by jail visiting Dentist for toothache, for which he was examined thoroughly and advised appropriate treatment accordingly.
xxx xxx xxx xxx
Thereafter on 25/07/2022 inmate patient was seen by jail visiting Dentist, wherein the inmate patient provided the above mentioned complaint (Difficulty in opening mouth] for which he was examined thoroughly and advised appropriate treatment accordingly.
Thereafter on 26/07/2022 inmate patient was seen by jail visiting ENT SR, wherein the inmate patient provided the complaint of difficulty in opening mouth for which he was examined thoroughly and advised appropriate treatment accordingly & further referred for ENT specialist review at Central jail Hospital/Higher Centre.
xxx xxx xxx xxx
Thereafter on 27/08/2022 inmate patient was sent to department of Dental at DDU Hospital for the complaint of pain In right lower region of jaw associated with difficulty in mouth opening and chewing food for which he was examined thoroughly, advised appropriate treatment and referred to higher centre AIIMS/MAIDS accordingly.
Thereafter on same day i.e. 27/08/2022 inmate patient also visited department of ENT at DDU Hospital for the complaint of reduced mouth opening with right ear ache for which he was examined thoroughly, advised appropriate treatment accordingly.
Thereafter on 30/08/2022, 21/09/2022 inm
Bail on medical and humanitarian grounds – Merely because a person is an undertrial or even a convict, lodged in jail, this facet of right to life cannot be curtailed.
The discretion to grant bail on medical grounds should be exercised judiciously, guided by principles of law and after recording satisfaction that necessary circumstances exist warranting such a disc....
The urgency and criticality of life-threatening medical conditions can warrant interim bail under Section 45 of PMLA, especially when specialized care is unavailable in judicial custody.
The judgment established that severe health conditions, including life-threatening diseases and inability to perform routine activities due to infirmity, can qualify for interim bail on medical groun....
The court ruled that interim bail on medical grounds is warranted when an inmate's health condition requires specialized treatment not available in jail.
The main legal point established is that a person who is sick or infirm, as defined under Section 45 of the PMLA, may be entitled to seek bail based on their medical condition.
Prisoners, regardless of their status, have an inherent right to life and humane treatment, including access to necessary medical care.
The court interpreted the proviso to section 45(1) of the PMLA and determined the eligibility for bail based on the Applicant's medical condition, distinguishing between being 'sick' and 'infirm'. Th....
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