The state has a constitutional duty to provide necessary medical care to inmates, ensuring their health rights are upheld even while in judicial custody.

ORDER :

D. Krishnakumar, C.J.

[1] Mrs. G. Pushpa, learned counsel, appears for the appellant; Mr. RK Umakanta, learned senior Public Prosecutor assisted by Mr. W. Niranjit, learned Deputy Government Advocate, appears for the State respondent and Mr. Kh. Samarjit, learned DSGI assisted by Mr. Paikhomba, learned counsel, appears for the NIA.

[2] The petitioner has filed an application in Cril. Misc. (B) Case No. 11 of 2025 (Ref:- i) Spl. Trial (NIA) Case No. 1 of 2022 and (ii) NIA Case No. Rc- 33/2021/NIA/DLI) before the Court of Special Judge(NIA), Manipur seeking for releasing the accused who is the son of the petitioner on bail on medical ground who is presently lodged in judicial custody at Manipur Central Jail, Sajiwa and now undergoing treatment at JNIMS Medicine Male Ward No. 9, Unit-II, having been admitted on 18.01.2025.

[3] The case of the petitioner is that the accused had left the school in the year 2013 due to poverty and one Robert Bankong had taken the accused and other children, including his own child on 03.10.2016 and left them at Moreh town. He then took back his own son leaving behind the accused and others. They were not even allowed to communicate with their family members. The accused was misled into taking part in the ambush which had taken place on 13.11.2021. In October, 2022, the accused deserted the Myanmar camp and he tried to escape earlier many times but each time he was caught and punished. Finally, the accused surrendered before the NIA and the NIA picked him up from Dimapur on 16.11.2022. Since then, the accused has been in judicial custody.

[4] Further case of the petitioner is that after the accused was lodged in Sajiwa Jail, he developed ‘Adult Nephrotic Syndrome’ which can lead to kidney failure and other complication. The health condition of the accused is deteriorating and he needs treatment outside the premises of Sajiwa Jail and therefore, for taking treatment, the petitioner’s son (accused) filed an application being Cril. Misc. (B) Case No. 1 of 2024 before the Court of Special Judge (NIA), Manipur for treatment of the son of the petitioner within the State of Manipur and the petitioner also agreed that the accused is ready and willing to comply with any directions imposed by this Court. On this ground, he made a request before the trial court seeking for granting bail for taking treatment of the petitioner’s son (accused) and further states that on 08.03.2024, the accused was granted interim bail for a period of 60 days for taking treatment.

[5] Learned counsel appearing for the respondents herein would submit that the petitioner’s son was accused in serious offences in FIR No.12(11) 2021 SGT/PS u/s 121/121-A/302/326/34 IPC, section 25(1-C) ARMS ACT , Sections 10 /16/18/20/39 of UA (P) Act and Section 5 of the EXPLOSIVES SUBSTANCES ACT which was registered by the State police in connection with the incident of ambush on the convoy of 46 Bn Assam Rifles near Sialish Village of Churachandpur District, Manipur. Subsequently, the case was transferred to the NIA for further investigation and the respondent further says that now the examination of the witnesses has been commenced before the Special Judge (NIA), Manipur.

[6] At this juncture, Mr. Kh. Samarjit, learned DSGI, appearing for the NIA submits that the accused may not allowed to grant any interim bail and if bail is granted to the petitioner’s son/accused, it will amount to tempering of the witnesses. With respect to granting of interim bail to the accused on medical ground, learned DSGI further states that all possible treatment will be provided to the JNIMS Hospital, Porompat, Imphal East, Manipur and therefore, the said request of the petitioner to grant bail to her son is to be rejected c