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2024 Supreme(Online)(SC) 11680

SUPREME COURT OF INDIA
ABHAY S. OKA, AUGUSTINE GEORGE MASIH, JJ
VIHAAN KUMAR – Appellant
Versus
THE STATE OF HARYANA & ANR. – Respondent
Petition(s) for Special Leave to Appeal (Crl.) No(s). 13320/2024 | W.P.(Crl.) No. 409/2024

Advocates:
For the Appellants/Petitioners: Ms. Jasmine Damkewala, AOR, Mr. Shyam Divan, Sr. Adv., Mr. Vishal Gosain, Adv., Mr. Anuroop Chakravarti, Adv., Mr. M S Vishnu Sankar, Adv., Mr. Archit Singh, Adv., Ms. Vaishali Sharma, Adv., Ms. Zinnea Mehta, Adv., Ms. Divyam Khera, Adv., Ms. Pallak Bhagat, Adv., Mr. Shivam Singh Tomar, Adv., Mr. Pravir Singh, Adv.
For the Respondents: Mr. Sidharth Luthra, Sr. Adv., Mr. Abhishek Manchanda, Adv., Mr. Adarsh Kumar, Adv., Mr. Kartikeye Dang, Adv., Mr. Sayandeep Pahari, Adv., Mr. Tanmay Sinha, Adv., Mr. Sahir Seth, Adv., Mr. Shariq Ansari, Adv., M/S. PLR Chambers And Co., AOR, Mr. Deepak Thukral, A.A.G., Mr. Akshay Amritanshu, AOR, Mr. Samyak Jain, Adv., Ms. Drishti Saraf, Adv., Ms. Pragya Upadhyay, Adv., Mr. Sahil A. Garg Narwana, Adv., Mr. Dipesh Singhal, Adv., Mr. Honey Gola, Adv., Mr. Yadvinder Singh, Adv., Mr. Kapil Gaba, Adv.

The State's obligation to explain the treatment of the petitioner while in medical custody highlights issues of human rights and appropriate conduct during hospital admissions.

Headnote:The Supreme Court analyzed the conduct of the Medical Superintendent of PGIMS, Rohtak regarding the treatment of the petitioner who was found to be handcuffed and chained to the hospital bed during admission in the MICU. The Court emphasized that the State must provide a satisfactory explanation concerning this treatment. The Court directed that supplementary affidavits be submitted to clarify the circumstances and ordered a medical examination of the petitioner by a Board of Doctors from Safdarjung Hospital to assess his current health status.

Result: The State is to file an affidavit addressing the issues by 24th October, 2024.

Judgement Key Points

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ORDER

The Medical Superintendent, PGIMS, Rohtak has filed an affidavit dated 19th October, 2024. In addition to what is stated in the affidavit, learned counsel for the Medical Superintendent accepts that not only that the petitioner was handcuffed but he was chained to bed in the MICU. We direct him to file supplementary affidavit to that aspect.

We are surprised to note that notwithstanding specific observation in our order dated 4th October, 2024, the Medical Superintendent has not dealt with the question whether the petitioner was chained to the hospital bed. Now it is accepted that the petitioner was chained to the hospital bed.

The State owes an explanation to this Court for this conduct of handcuffing the petitioner while he was admitted in MICU and conduct of chaining him to the bed. We permit the State to file an affidavit dealing with this aspect as well as dealing with what is stated in paragraphs 11 and 12 of the counter filed before the High Court.

We also direct the State to get the petitioner examined by a Board of the Doctors of Safdarjung Hospital, Delhi and submit a report about his present health condition to this Court. The affidavit to be filed by the State by this Thursday i.e. 24th October, 2024. Even the report of the Medical Board shall be produced on that day. Affidavit of the Medical Superintendent shall be also filed by 24th October, 2024.

List on 25th October, 2024.

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2024 Supreme(Online)(SC) 11680

SUPREME COURT OF INDIAABHAY S. OKA, AUGUSTINE GEORGE MASIH, JJVIHAAN KUMAR – AppellantVersusTHE STATE OF HARYANA & ANR. – RespondentPetition(s) for Special Leave to Appeal (Crl.) No(s). 13320/2024 | W.P.(Crl.) No. 409/2024

The State's obligation to explain the treatment of the petitioner while in medical custody highlights issues of human rights and appropriate conduct during hospital admissions.

SUPREME COURT OF INDIA
ABHAY S. OKA, AUGUSTINE GEORGE MASIH, JJ
VIHAAN KUMAR – Appellant
Versus
THE STATE OF HARYANA & ANR. – Respondent
Petition(s) for Special Leave to Appeal (Crl.) No(s). 13320/2024 | W.P.(Crl.) No. 409/2024