Vaidya, J. :- Rasikbhai Ramjibhai Rana and two others by their respective Misc. Criminal Applications through Superintendent, Central Prison, Vadodara, have moved this Court, inter alia praying for releasing them on temporary bail for few days at least on the ground of taking emergency medical treatment from the private Doctors of their choice as unfortunately they are neglected and denied the same since quite some long time, as a result of which their prolonged ailment, in all probability, was likely to be still further worsened going beyond the point of no restoration ! In support of this, they have also produced the necessary medical certificates issued by none other than the Medical Officer himself of Vadodara Central Prison.

2. To briefly narrate the grievances of the petitioners (one of whom is also a lady !!) undergoing the life imprisonment - each one of them though are suffering from serious illness namely - (1) serious eye trouble, wherein the operation has been advised, which was possible at SSG Hospital; (2) severe pain in Abdomen Lucas and Blood; suffering from internal piles; and (3) severe Hyper-tension, pain in Epigastric region, breathlessness, chest pain etc. etc. and yet, in clear defiance of recommendation of the Medical Officer from Vadodara Jail, they have not been immediately attended to for their medical treatment by taking them specially to SSG Hospital, Vadodara. As a matter of fact, in case of the convict-prisoner Narmadaben, the Medical Officer in terms has opined that the ailment from which she was suffering, was serious enough to be immediately treated by the private expert Doctors !! It is also further stated in the certificates that the jail authorities despite emergent situation could not send the ailing prisoners to SSG Hospital for examination and treatment due to the non-availability of regular police escort since last 3 to 4 months!! On coming to know about this pathetic situation prevailing in jail from no less an authority than Jail Medical Officer, we were simply shocked and taken aback! This was indeed quite unbelievable rather much less thinkable! And yet the fact remains that it is very much there to be true!! For about last three to four months because of the alleged non-availability of police escort, prisoners were suffering and still appear to be suffering and in quite deteriorating serious condition further worsening every day!! This is simply too much!! Under such inhuman exasperating circumstances, it is quite stunning to be left guessing as to what indeed the higher-ups in the administration were/are doing all these times to meet with such an alarming accountable and none too happy situation ! This would obviously be the most obvious and natural question to any human heart pulsating and possessed with the humanity and justice. And yet quite as unconcerned! Rather with only one concern namely wait for the first day of the month to come and collect the salary packet? Are not the prisoners human beings? Are they further condemned to jail for all purposes? Have they indeed no right to immediate medical care and treatment? Can this carefree criminal attitude of authorities in charge of Jail administration and Home Department as well for the said purpose not answerable at all? These are the basic questions which has very much touched our judicial conscience making us restless. Accordingly, it being quite serious a thing to be lightly countenanced more particularly when the grievance is coming from no other authority than the Jail authority itself which has indeed no reason to ill-portray the Government of which itself is a component and furthermore not been denied at all by the State Government. In this view of the matter, in the first instance, we issued notice to the Medical Officer of Vadodara Central Prison, by passing the following order dated 6-12-1995 :

"The office is directed to issue a notice to Dr. Asnani, Medical Officer, Baroda, Central Prison, to remain personally