The Single Judge Bench of the Gauhati High Court, comprising Justice Robin Pukhan in the case of Chintan Jain v. CBI has expounded that medical treatment is a fundamental right as envisaged in Article 21 of the Constitution of India and such right cannot be interpreted and extended to get the present petitioner treated in a Private Hospital of his own choice, while such kind of treatment is very much available in the government Hospitals.
Facts of the Case
The Petitioner was in Jail. Since the date of his arrest, he has been facing multiple health issues and over the past few months his health condition has been deteriorating. The Jail Authority took proper care but the petitioner was not satisfied by the treatment.
Therefore, the Petitioner filled bail petition in the present Court to be allowed to take treatment in a Private Hospital of his choice, at the earliest and that the delay in his treatment will cause irreparable loss and injury as well as prejudice to him.
Submission of the Petitioner
The learned counsel appearing for the Petitioner had submitted that the petitioner has not been getting proper treatment at GMCH, although he has been admitted there from time to time by the Jail Authority and that the condition of the health of the petitioner is deteriorating day by day.
He further referred to a case decided by the Supreme Court that the right of an under trial prisoner, to seek medical treatment is a Fundamental Right and as such, the petitioner is entitled to undergo medical treatment at a Private Hospital of his choice.
Submission of the Respondent
The learned counsel appearing for the Respondent vehemently opposed the petition and submitted that the said medical report, does not indicates that he has been suffering from any serious ailment and the type of treatment, required for the petitioner is very much available at the GMCH and as such, there is no question of allowing the petitioner to take treatment in a Private Hospital of his choice.
Reasoning and Decision of the Court
The Court heard the submission of both the sides and also perused the case law, referred by Mr. SA Hussain, learned counsel for the petitioner. The Court observed that he is under medication and further it appears from the report of the Jail Doctor of Central Jail, Guwahati that his vital parameters are within the normal limits. In the event of non-availability of the treatment of the disease in the GMCH, in which the petitioner is suffering from, then it would have been a good case for referring him to a Private Hospital of his choice, where such treatment is available.
The Court further expounded that it is no more res-integra that right to seek medical treatment is a fundamental right as envisaged in Article 21 of the Constitution of India.
The Court considering all the facts available on record, held that when necessary treatment is being provided to the petitioner in GMCH, by the Jail Authority and the type treatment, required for the petitioner is available in GMCH, and while health conditioned of the petitioner is improved after taking such treatment at GMCH, it cannot be said that the fundament right of the petitioner is impaired.
Therefore, the Court dismissed the petition accordingly and instructed the jail authorities to take all necessary steps to provide necessary treatment to the petitioner at the GMCH or in any other Govt. Hospital as and when required.
Case Details
Case:- Case No. : W.P.(Crl.)/42/2022
Petitioner:- CHINTAN JAIN
Respondent:- THE CENTRAL BUREAU OF INVESTIGATION
Counsel for the Petitioner - MR SA HUSSAIN
Counsel for the Respondent - MR. M HALOI, SC, CBI
Judge: JUSTICE ROBIN PHUKAN
Social media is bold.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
If you like this story, share it with a friend!
0 Comments