Gauhati HC dismisses undertrial's plea for medical treatment in private hospital of his choice

 STAFF REPORTER

GUWAHATI: The Gauhati High Court, while dismissing an undertrial's petition seeking a direction for treatment at a private hospital, said that the fundamental right of the undertrial to seek medical treatment cannot be interpreted and extended to get him treated in a private hospital of his own choice while such kind of treatment is very much available in government hospitals.

An undertrial had filed a writ petition under Article 226 of the Constitution of India, praying for issuing a Writ of Mandamus, directing the jail authority of the Central Jail, Guwahati, to allow him to get admitted in a private hospital of his choice, within the locality of Guwahati at his own cost for his further treatment, pursuant to his release from the Gauhati Medical College and Hospital (GMCH) on his personal bond. The petitioner is an accused in a CBI case.

The jail authority told the court that petitioner was suffering from vomiting of blood with nasal blockage and he was diagnosed with systemic hypertension with upper gastrointestinal bleeding, with left-sided deviated nasal septum with right inferior turbinate hypertrophy. He was admitted in the GMCH on 29.11.2022 and discharged from the hospital on 02.12.2022, and he was referred to various departments of the GMCH at regular intervals for necessary follow up and reviews. At present he is under medication. The medical report, does not indicates that he has been suffering from any serious ailment and the type of treatment required for the petitioner is available at the GMCH. As such, there is no question of allowing the petitioner to take treatment in a private hospital of his choice.

Justice Robin Phukan observed that when necessary treatment is being provided to him in GMCH by the jail authority and the type of treatment required for him is available there, and while his health condition has improved after taking such treatment, "it cannot be said that the fundamental right of the petitioner is impaired".

Justice Phukan, however, also said, "It cannot be lost sight of the fact that he is under judicial custody in connection with a case lodged by the CBI. It also cannot be lost sight that an undertrial prisoner's right to life does not diminish even a wee bit, when in jail as an accused for an offence and such a person's health concerns have to be taken care of by the State. The right to dignity of an accused does not dry out with the Judges' ink, rather, it subsists beyond the prison gates and operates until his last breath."

The court dismissed the writ petition but also directed the jail authority to "take all necessary steps to provide necessary treatment to the petitioner at the GMCH or in any other government hospital as and when required. The parties have to bear their own cost".

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