Oinam Ongbi Bimola Devi v. State of Manipur & Anr.
1982-12-17
N.IBOTOMBI SINGH
body1982
DigiLaw.ai
On the prayer of the learned counsel Shri Ashok Potsangbam, for the petitioner, the application is treated as one under section 482 Cr- P. C. and Article 227 of the Constitution of India. As agreed to by the learned counsel of both the parties, the case is finally heard on merit. Heard the learned counsel Shri Ashok Potsagbasi and the learned public Prosecutor. 2. The matter is very simple. It is the case of the petitioner that despite direction of the learned Chief Judicial Magistrate, Manipur Central, to provide medical treatment to Sri oinam Romeo Singh, under trial prisoner, arrested in connection with F. I. R. Case No. 50 (4) 82 Nambol P. S., under sections 121, 121-A, 307 I. P. C., 25 (a) Arms Act and 13 U. A. P. Act, no medical treatment has yet been given. The Medical officer, in-charge of the Manipur Central Jail Hospital, Imphal, in his letter dated 3. 11.1982 addressed to the Superintendent, Manipur Central Jail, Imphal states in clear terms that the under trial prisoner O. Romeo Singh is unable to stand and walk due to melanin of the fracture left shaft of farmer with posterior angulations and shorting of about 2". The letter further states that the fracture was caused by bullet injury and as such he should be referred to an orthopedic surgeon of a well equipped hospital for proper treatment and care. 3. An under-trial prisoner is a human being and citizen of India; and he is also entitled to the facility for medical treatment subject to rules in the Jail Manual and law of the land. In the instant case, when the medical officer, in-charge of the Jail Hospital, reports that he should be referred to orthopedic surgeon of a well equipped hospital for proper treatment and care, the authority concerned should have taken a prompt action to provide medical treatment to him. Even otherwise, on humanitarian ground, the authority concerned was expected to provide medical treatment to him in such a case, without waiting for a direction and order from the Court. The Chief Judicial Magistrate, Central, had, however, already directed the authority to provide medical treatment but the order has not been complied with as yet. 4.
Even otherwise, on humanitarian ground, the authority concerned was expected to provide medical treatment to him in such a case, without waiting for a direction and order from the Court. The Chief Judicial Magistrate, Central, had, however, already directed the authority to provide medical treatment but the order has not been complied with as yet. 4. In the circumstances, the authority, the respondents herein, the State of Manipur and the Superintendent of Manipur Central Jail, Imphal, are hereby directed to provide medical treatment to the under trial prisoner Shri O. Romeo, (prisoner) within 15 days from the receipt of this order. The Superintendent of Manipur Central Jail is further directed to report to the Chief Judicial Magistrate, Central, for due compliance of this order. In case, medical treatment be not provided to him, the Chief Judicial Magistrate. Central, is directed to release him on bail, subject to execution of bond of Rs. 5,030/- with two sureties in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Manipur, Central,, to enable him to have medical treatment at his own cost. Send copy of this order to the Secretary (Home), Government of Manipur and the Superintendent of Central Jail, Manipur, for due compliance. 5. The petition is disposed of accordingly.