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ROBIN PHUKAN
Chintan Jain S/o. Nayan Chandra Jain – Appellant
Versus
Central Bureau of Investigation (CBI), Rep. by the Ld. Standing Counsel, CBI – Respondent
JUDGMENT :
Heard Mr. S.A. Hussain, learned counsel for the petitioner. Also heard Mr. M. Haloi, learned retainer counsel for the respondent CBI.
2. In this writ petition, under Article 226 of the Constitution of India, the petitioner-Sri Chintan Jain, son of Nayan Chandra Jain, resident of Athak Awas, 115-A, Gandhinagar, West Boring Canal Road, Patna, Bihar has prayed for issuing a Writ of Mandamus, directing the Jail Authority of the Central Jail, Guwahati, to allow him to get admitted in a private hospital of his choice, within the locality of Guwahati at his own cost, for his further treatment, pursuant to his release from the Gauhati Medical College and Hospital (GMCH), on his personal bond.
3. The factual background leading to filing of the present petition is briefly stated as under :-
“The petitioner has been arraigned as an accused in the charge sheet, dated 10.02.2022, under Section 120-B of the IPC, read with Section 7/8/12 of the Prevention of Corruption Act, 1988, filed by the respondent-CBI, which is pending before the Court of learned Special Judge (CBI), Addl. Court No.2, Guwahati, being Special Case No.2/2022. On 14.12.2021, he was arrested by the respondent, and since
An undertrial prisoner has the right to access medical treatment of their choice, including in a private facility, provided they bear the financial costs and security arrangements are satisfied, as p....
Court closes writ petition after medical report provided, granting liberty for second opinion if needed.
Prisoners, regardless of their status, have an inherent right to life and humane treatment, including access to necessary medical care.
The Court affirms that medical assistance for under-trial prisoners must be arranged as per representations, ensuring constitutional rights are upheld.
The court has the authority to issue a Writ of Mandamus to direct the authorities to provide necessary medical treatment to a life convict, with the petitioner bearing the expenses.
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