VIHAAN KUMAR vs THE STATE OF HARYANA & ANR. - 2024 Supreme(Online)(SC) 11680

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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

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.

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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

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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. – Respondent

SUPREME COURT OF INDIA
ABHAY S. OKA, AUGUSTINE GEORGE MASIH, JJ
VIHAAN KUMAR – Appellant
Versus
THE STATE OF HARYANA & ANR. – Respondent