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2019 Supreme(Online)(KER) 75496
HIGH COURT OF KERALA
SHAJI P.CHALY, J
DR.PRATHIBHA.K – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/41207/2018
SRI.R.GOPAN SRI.D.JAI SINGH
The court underscored the necessity of aligning medical examination protocols for detainees with established human rights standards as per NHRC directives.
Headnote:
Human Rights - Medical Examination - National Human Rights Commission Circular - Summary: The court directed the consideration of guidelines for medical examinations on remanded persons per the NHRC circular, highlighting the importance of adherence to human rights standards in medical processes concerning detainees.
Fact of the Case:
The petitioner, a Medical Officer, requested the court to direct the timely consideration of guidelines for medical examinations of remanded accused as per a circular issued by the National Human Rights Commission.
Finding of the Court:
The court ruled in favor of the petitioner, ordering a timely review and finalization of the guidelines while allowing for the petitioner's participation in the process.
Issues: Whether the respondents were obligated to finalize the guidelines for medical examinations of remanded accused in accordance with the NHRC circular.
Ratio Decidendi: The obligation to ensure guidelines align with human rights standards in medical examinations of incarcerated individuals underpins the court's decision.
Final Decision: The writ petition was disposed of directing timely consideration and finalization of guidelines.
JUDGMENT
Petitioner, a Medical Officer under the Kerala Health Service, now working at Government Hospital, Kannur, has submitted Exts.P14 and P15 before the 1st respondent, on the basis of a circular issued by the National Human Rights Commission with respect to the medical examination to be conducted on remanded accused, continuing in various jails, seeks direction for early consideration of Exts.P14 and P15 and finalisation of guidelines in accordance with the circular issued by the National Human Right Commission.
2. Having heard learned Counsel for the petitioner and the learned State Attorney, there will be a direction to the competent among the respondents to consider Exts.P14 and P15, in accordance with law, and attain finality to the same, at the earliest and at any rate within two months from the date of receipt of a copy of this judgment, if required after securing participation of the petitioner or any other competent person in order to fix the guidelines.
The writ petition is disposed of accordingly.
Sd/
SHAJI P.CHALY JUDGE
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE REQUEST DATED 16.4.2018 SUBMITTED BY THE SUB INSPECTOR , KANNUR TOWN POLICE STATION.
EXHIBIT P2 PHOTOCOPY OF THE WOUND CERTIFICATE DATED
16.4.2018 ISSUED TO MR. ARSHAD.
EXHIBIT P3 PHOTOCOPY OF THE CIRCULAR DATED 11.1.1999 OF THE NATIONAL HUMAN RIGHTS COMMISSION.
EXHIBIT P4 PHOTOCOPY OF THE PROFORMA FORM FOR HEALTH SCREENING OF PRISONERS ON ADMISSION TO JAIL/.
EXHIBIT P5 PHOTOCOPY OF THE LETTER ISSUED BY SUPERINTENDENT OF JAIL, VIYYOOR JAIL DATED
17.7.218.
EXHIBIT P6 PHOTOCOPY OF THE LETTER ISSUED BY SUPERINTENDENT KANNUR SUB JAIL DATED
18.7.2018.
EXHIBIT P7 PHOTOCOPY OF THE LETTER ISSUED BY THE I.G OF POLICE, KANNUR DATED 29.8.2018.
EXHIBIT P8 PHOTOCOPY OF THE INFORMATION GIVEN BY THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE-I, KANNUR.
EXHIBIT P9 PHOTOCOPY OF THE APPLICATION AND INFORMATION GIVEN BY THE INFORMATION OFFICER, GOVERNMENT DISTRICT HOSPITAL, KANNUR DATED 2.7.2018.
EXHIBIT P10 PHOTOCOPY OF THE INFORMATION GIVEN BY THE HEALTH SECRETARY DATED 17.5.2018.
EXHIBIT P11 PHOTOCOPY OF THE INFORMATION GIVEN BY THE HEALTH DIRECTOR DATED 17.5.2018.
EXHIBIT P12 PHOTOCOPY OF THE LETTER ISSUED BY THE PUBLIC INFORMATION OFFICER CUM GOVERNMENT MEDICAL COLLEGE,THRISSUR DATED 12.9.2018.
EXHIBIT P13 PHOTOCOPY OF THE REPRESENTATION DATED
4.5.2018 SUBMITTED BY THE PETITIONER BEFORE EXHIBIT P14 PHOTOCOPY OF THE REPRESENTATION DATED
5.12.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P15 PHOTOCOPY OF THE REPRESENTATION DATED
13.12.2018 SUBMITTED BY THE PETITIONER
