T.NK. Singh, J.

1. Heard Mr. A.L. Saha, learned counsel appearing for the petitioner as well as Mr. T.D. Majumder, learned Addl. Govt. Advocate for the State-respondents.

2. By this Misc. application, the petitioner prays for a direction to the respondents to get treatment of her son Shri Snehangshu Roy an undertrial prisoner in connection with West Agartala P.S. Case No. 97 of 2008, by the doctor of his own choice and/or for a direction to the State-respondents to refer her son to the Medical Board with a specific direction to give opinion regarding the effect of providing no treatment to the accused-Shri Snehangshu Roy from 18.5.2008 to 21.5.2008. The petitioner also stated that the fundamental right of her son i.e. accused-Shri Snehangshu Roy, has been violated by not arranging appropriate health care timely and as a result, caused total damage of his one ear and partial damage of his another ear as well as loss of his youthful strength and vigor while in custody and alleged that her son is still suffering from severe bodily plain in general and pain in his ears and testis in particular.

3. The Court, passed an order dated 30.3.2009 in the connected writ petition W.P.(C) No. 92 of 2009, directing the State-respondents "to constitute a Medical Board in which the Head of the ENT Department, AGMC to GB Panth Hospital should be a member for examination of the petitioner's son. The Superintendent of Central. Jail, Agartala is directed to produce the said Shri Snehangshu Roy before the Medical Board for his examination. The entire exercise be done within a period of ten days from today and after examination of the petitioner's son the Superintendent of Central Jail, Agartala shall furnish the report of the Medical Board before this Court by 13.4.2009 positively."

Pursuant to the said direction of this Court, a Medical Board was constituted and the said Board submitted its report vide No. F. 4(2)-Med/94-95, dated 9th April, 2009 that, the Board is of the opinion that the patient will not be benefited from a referral at outside State i.e., AIIMS, for his present illness i.e. Sensory Neural Deafness (Both ear). He is advised to continue treatment as suggested by E.N.T. Department of Agartala Government Medical College, Agartala, Tripura (West). The said Report of the Medical Board reads as follows:

"No. F. 4(2)-Med/94-95

Government of Tripura

Office of the Chairman, Standing Medical

Board,

Agartala Government Medical College,

Tripura (West)

Dated, Agartala, the 9th April, 2009

Board has examined Sri Snehangshu Roy, and previous record of his treatment. The Board is in the opinion that the patient will not be benefited from a referral at outside State i.e. AIIMS, for his present illness i.e. Sensory Neural Deafness (Both ear). He is advised to continue treatment as suggested by E.N.T. Department of Agartala Government Medical College, Agartala, Tripura (West).

This is issued in connection with the Transmission of the Hon'ble Courts order dated 30.3.2009, with case No. W.P.(C) 92 of 2009 and reference No. 1717-18/HC/AGT/B/CR/2009 dated 30.3.2009 issued by the Dy. Register (Judl.) Gauhati High Court, Agartala, Branch, Agartala.

4. In the present Misc. application, the petitioner also stated that the Medical Board has not given any decision as to whether better medical treatment i.e. in AIIMS, New Delhi or other places, would restore the hearing capacity of the accused-Shri Snehangshu Roy and also treatment of the right ears and other parts of his body such as lower abdomen, private parts and pain in the spinal cord etc., may be recommended and it is not clear from the report of the Medical Board as to whether the Medical Board had considered the communication dated 1.4.2009 of the petitioner in this connection. It is also alleged that in the State of Tripura, all of the modern medical and health care facilities are not available and also that even all medical diagnostic tests are not conducted in the State of Tripura for want of facilities a