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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. R. Swaminathan, V. Lakshminarayanan, JJ
T. Devanathan Yadav – Appellant
Versus
Deputy Superintendent of Police – Respondent
| Table of Content |
|---|
| 1. fundamental right to medical treatment under article 21. (Para 1 , 8) |
| 2. contextual facts and competing interests (petitioner health vs. security and societal objection). (Para 2 , 3 , 4 , 5) |
| 3. judicial order allowing private treatment with conditional financial and security safeguards. (Para 6 , 7 , 9 , 10) |
(Order of the Court was made by G.R.Swaminathan J.)
Any undertrial prisoner is entitled to consult and be defended by a legal practitioner of his choice. This is a fundamental right guaranteed under Article 22(1) of the Constitution of India. Question arises if he is also entitled to consult and be treated by a medical practitioner of his choice. Can such a right be brought within the scope of Article 21 of the Constitution of India?
2. Before we answer, it is necessary to set out the facts leading to the filing of this writ petition. The writ petitioner was the Chairman and Managing Director of a financial establishment known as Mylapore Chit Funds Limited. This was established way back in the year 1872. The petitioner would claim that due to COVID-19 pandemic there was a run on the institution which led to large scale default. In the wake of default committed b
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