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2023 Supreme(Online)(DEL) 10686
DELHI HIGH COURT
MR. AMANDEEP SINGH DHALL – Appellant
Versus
DIRECTORATE OF ENFORCEMENT – Respondent
CRLM(BAIL)-1723_2023
Right to health and appropriate medical treatment of prisoners
Headnote:
MEDICAL BAIL - [KEYWORD] - Right to health and appropriate medical treatment of prisoners - Standard of medical treatment within correctional facilities - Inadequacies in the healthcare infrastructure for prison inmates - Duty of the State to ensure and monitor the health facilities provided in the prisons - Directions to the Government of NCT of Delhi to improve the health care facilities in the prisons and to promote equal health care to all prisoners.
Fact of the Case:
The applicant, who is in judicial custody, has been suffering from multiple serious ailments, including a spinal injury. He was admitted to the Indian Spinal Injuries Centre, Vasant Kunj, Delhi for specialized treatment. After his discharge from the hospital, he was lodged in Jail No. 7, Tihar Jail, Delhi. The applicant filed an application for interim bail on medical grounds, stating that he was not being provided proper and appropriate treatment in the prison premises, and thus, he seeks that he be released on interim bail, in order to get appropriate treatment from Indian Spinal Injuries Centre, Vasant Kunj, Delhi.
Finding of the Court:
The Court noted that the medical facilities available at the jail dispensary is not able to provide the medical treatment which is required by the applicant, as adviced by the doctors concerned in terms of post-epidural care after his spinal surgery. Thus, considering that at this stage, no immediate arrangement can be made by the jail dispensary for ensuring appropriate medical care. of the applicant, this Court deems it fit, for the purpose of ensuring that a balance is struck between the right of the prisoners to appropriate medical care and the right of the State to ensure rule of law, to allow the request of applicant to get the required physiotherapy treatment at the Safdarjung Hospital, Delhi.
Issues: 1. Whether the applicant is being provided proper and appropriate treatment in the prison premises?2. Whether the applicant should be released on interim bail on medical grounds?
Ratio Decidendi: 1. Every prison inmate, regardless of the fact that such person is an accused or convict, possesses an inherent right to life and humane treatment. This includes the right to receive medical care that addresses his health needs and prevents unnecessary suffering.2. The State Government has a moral and legal obligation to ensure that the healthcare needs of inmates are met with the same diligence and commitment as any other citizen.3. The quality of medical care within correctional facilities must be held to high standards, with a focus on the well-being and rehabilitation of inmates.
Final Decision: The Court allowed the applicant's request to get the required physiotherapy treatment at the Safdarjung Hospital, Delhi. The Court also issued directions to the Government of NCT of Delhi to improve the health care facilities in the prisons and to promote equal health care to all prisoners.
BAIL APPLN. 2093/2023 & connected matterPage 1 of 23
$~
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Reserved on: 19.12.2023
Pronounced on: 22.12.2023
+
BAIL APPLN. 2093/2023 & CRL.M.A.17595/2023 (for
physical production of the petitioner)
MR. AMANDEEP SINGH DHALL
..... Petitioner
Through:
Mr.
N.
Hariharan,
Sr.
Advocate
along
with
Mr.
Tanveer Ahmed Mir, Mr.
Vaibhav Suri, Mr. Shashwat
Sarin
and
Ms.
Ariana
Alhuwalia, Advocates
versus
DIRECTORATE OF ENFORCEMENT
..... Respondent
Through:
Mr. Zoheb Hossain, Special
Counsel for ED along with Mr.
Vivek Gurnani, Advocate
+
BAIL APPLN. 2229/2023 & CRL.M.(BAIL) 1200/2023,
CRL.M.A. 17355/2023 & CRL.M.A. 27884/2023
AMANDEEP SINGH DHALL
..... Petitioner
Through:
Mr.
N.
Hariharan,
Sr.
Advocate
along
with
Mr.
Tanveer Ahmed Mir, Mr.
Vaibhav Suri, Mr. Shashwat
Sarin
and
Ms.
Ariana
Alhuwalia, Advocates
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:22.12.2023
20:05:42
Signature Not Verified
BAIL APPLN. 2093/2023 & connected matterPage 2 of 23
versus
CENTRAL BUREAU OF INVESTIGATION ..... Respondent
Through:
Mr. Prakash Airan, Advocate
for CBI along with Mr. Rajiv
Kumar, Additional SP and Mr.
Alok Sahai, DSP-CBI.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
J U D G M E N T
INDEX TO THE JUDGMENT
GRIEVANCE OF THE APPLICANT ............................................ 3
ARGUMENTS ADDRESSED ON BEHALF OF
DIRECTORATE OF ENFORCEMENT ........................................ 6
ANALYSIS AND FINDINGS ........................................................... 7
i.
The Sequence of Events .......................................................... 7
ii. Medical Condition of the Applicant ..................................... 10
iii. Prisoner’s Right To Health and Appropriate Medical
Treatment .............................................................................. 12
iv. Public Perception of Preferential Treatment ......................... 14
v. Lack of Appropriate Medical Treatment Facilities In
Delhi Prisons ......................................................................... 15
CONCLUSION ................................................................................ 18
i. The Decision ......................................................................... 18
ii. Directions to the Government of NCT of Delhi ................... 20
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:22.12.2023
20:05:42
Signature Not Verified
BAIL APPLN. 2093/2023 & connected matterPage 3 of 23
SWARANA KANTA SHARMA, J.
CRL.M.(BAIL) 1723/2023 (for interim bail) in BAIL APPLN.
2093/2023
CRL.M.(BAIL) 1724/2023 (for interim bail) in BAIL APPLN.
2229/2023
1.
The instant applications under Sections 439 read with Section
482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) read with
Section 45 of the Prevention of Money Laundering Act, 2002
(‘PMLA Act’) has been filed on behalf of applicant seeking grant of
interim bail in ECIR/HIU-II/14/2022 dated 22.08.2022, registered
with ED, Delhi under Section 3 and 4 of PMLA and in
RC003/2022/A/0053 dated 17.08.2022, registered at Police Station
CBI, Anti-Corruption Branch Lodhi Road, Delhi, for a period of
twelve weeks on medical grounds.
GRIEVANCE OF THE APPLICANT
2.
The Grievance of the applicant, in a nutshell, is that the
applicant is not being provided proper and appropriate treatment in
terms of post-epidural care in the prison premises, and thus, the
applicant seeks that he be released on interim bail, in order to get
appropriate treatment from Indian Spinal Injuries Centre, Vasant
Kunj, Delhi.
3.
Mr. Tanveer Ahmed Mir, learned counsel for the applicant,
states that the applicant was arrested in the present case on
01.03.2023 and has been incarcerated since then and is presently
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:22.12.2023
20:05:42
Signature Not Verified
BAIL APPLN. 2093/2023 & conn
