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 then he has been languishing in the jail hajot for more than 350 days. And since the date of his arrest, he has been facing multiple health issues and over the past few months his health condition has been deteriorating. On 29.11.2022, he experienced rectal bleeding, while passing stool along with other critical symptoms for which he was forwarded to the GMCH, by the Jail Authority, Central Jail, Guwahati. After investigation, the Authority got him admitted at the GMCH. On that day, he was not in a position to request the Jail Authority to allow him to get him admitted in a Private Hospital of his choice. Further case of the petitioner is that -he had preferred one bail application, being BA No. 2627/2022 before this court and vide order dated 07.10.2022, this Court was pleased to pass an interim order, directing the Jail Authority that in case of serious illness of the petitioner, the Jail Authority shall take proper care, and if necessary, he may be allowed to get admitted in a Private Hospital, of his choice at his own cost, as he has not been receiving due and proper treatment. But, he is not satisfied with his treatment at GMCH and as such, he may be allowed to take treatment in a Private Hospital of his choice, at the earliest and that the delay in his treatment will cause irreparable loss and injury as well as prejudice to him. His further case is that right to receive proper medical treatment is a Fundamental Right, as guaranteed by Article 21 of the Constitution of India and that he is ready to bear the costs, incidental to his treatment in the Private Hospital of his choice and therefore, it is contended to allow the petition.

4. It is to be noted here that the respondent CBI has not submitted any affidavit-in-opposition here in this case.

5. Mr. S.A. Hussain, learned counsel for the petitioner submits that the petitioner has not been getting proper treatment at GMCH, although he has been admitted there from time to time by the Jail Authority and that the condition of the health of the petitioner is deteriorating day by day and that, in view of the judgment of the Hon’ble Supreme Court, in the case of Gautam Navlakha vs. National Investigation Agency and another, in Special Leave to Appeal (Crl.) No.9216/2022, the right of an under trial prisoner, to seek medical treatment is a Fundamental Right and as such, the petitioner is entitled to undergo medical treatment at a Private Hospital of his choice, and this Court in BA No.2627/2022, vide order dated 07.10.2022, has directed the Jail Authority that in a case of any serious illness of the petitioner, the Jail Authority shall take proper care, and if necessary, he may be allowed to get admitted in a Private Hospital, at his own cost. Therefore, Mr. Hussain, contended to allow the petition direc