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CR.MA/16139/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 16139 of 2008
In
CRIMINAL
APPEAL No. 642 of 2003
=========================================================
JAVEDBHAI
BABUBHAI MIRZA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MS
JAYSHREE C BHATT for
Applicant(s) : 1,MR JM PANCHAL for Applicant(s) : 1,MR KJ PANCHAL for
Applicant(s) : 1,
MS DS PANDIT, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
and
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 23/12/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE C.K.BUCH)
In
compliance of the order passed by us in the first part of the day,
Dr. Arvind Varma is present with relevant record. According to him,
he is conversant with the ailment of the applicant-accused. Mr. V.C.
Trivedi, Senior Jailor, who is a gazetted officer is also present.
It
is submitted jointly by these two officials that applicant is being
treated by the Cancer Hospital of State of Gujarat, attached with
Civil Hospital, Ahmedabad and the applicant was to be sent to
Hospital for Colonoscopy. Complaint of the applicant is that he is
bleeding per rectum. On two different dates, firstly, on 8th
December, 2008, requisition for police escort was sent to the Joint
Police Commissioner and thereafter, on 12th December,
2008, similar request was made and for 19th December,
2008, requisition was made. We are of the view that inaction on the
part of the Joint Police Commissioner is clear violation of
fundamental right of a prisoner. Statutory obligation of the State
is to see that each prisoner gets appropriate treatment at
appropriate time.
Before
passing any adverse orders against Senior Officer like Joint Police
Commissioner, we would like to call him in person. Learned APP is
directed to see that the Joint Police Commissioner appears before
this Court at 4.00 p.m today without fail, failing which, appropriate
further order shall be passed, or this Court may be informed that
tomorrow, there shall be police escort and necessary arrangement
shall be made by the jail authority and the doctor treating and
supervising the ailment of the applicant-accused in prison, and that
appropriate treatment and diagnostic procedure shall be completed by
tomorrow or at the earliest, preferably within 4 days from today,
otherwise, ignoring the resistance placed by the Narcotic Control
Bureau, the Court shall have to pass appropriate orders granting
temporary bail to the applicant-accused, at least for some days. It
is clarified that in such type of event of profuse bleeding by the
patient, responsibility of not providing police escort shall be on
the shoulders of the officers who are not arranging for police
escort. Order and direction accordingly. Copy of this order be given
to learned APP so that, copy of this order be faxed to the Police
Headquarters, Ahmedabad. Copy of this order also be given to learned
counsel appearing for the applicant.
[C.K.
BUCH, J.] [D.N. PATEL, J.]
FURTHER
ORDER
Before
the above order could be signed, a statement has been made by both
the officers who are present in Court through learned APP that the
applicant-accused shall be taken to Civil Hospital, more
particularly, to M.P.Shah Cancer Hospital attached with the Civil
Hospital, so that appropriate treatment can be given to the
applicant, including Colonoscopy as suggested by the doctor who had
visited the jail lastly on 12th December, 2008.
We
are told that one doctor had visited the jail premises on 12th
December, 2008 and had examined the present applicant-accused and he
has also confirmed that Colonoscopy is required. As the assurance is
coming from the officers, more particularly, jail doctor and Senior
Jailor that the applicant now shall get appropriate treatment as
prescribed and suggested by the doctors, learned counsel appearing
for the petitioner may not press this application, but we are of the
view that in the interest of justice, hearing of this application may
be adjourned to 30th December, 2008. Learned APP shall
intimate the Court about the treatment given to the applicant-accused
in the period in between. S.O. to 30th December, 2008.
[C.K.
BUCH, J.] [D.N. PATEL, J.]
pirzada/-
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