Research › Search › Judgment

J&K High Court · body

2010 DIGILAW 28 (JK)

Imtiyaz Ahmad Dar v. State

2010-01-27

MUZAFFAR HUSSAIN ATTAR

body2010
1. Petitioner is under-trial prisoner and is presently lodged in Central Jail Srinagar. He has filed this petition with the prayer that respondents be directed to take steps for allowing him to take the examination for the course "Moulvi Fazi" which is commencing from 17th Feb. 2010. It is further prayed that respondents be directed to provide necessary medical aid to the under-trial (petitioner) as he is suffering from kidney ailment. 2. Heard ld counsel for petitioner. Considered the matter. 3. Ld counsel for the petitioner has referred to the report of the Medical officer which suggest that petitioner has 8 mm stone in calculi of right kidney and left kidney Gr-IIIrd hydronephrosis. Ld counsel further submitted that the petitioner-under-trial prisoner in order to save his life requires immediate medical treatment which may include performing of surgery. It is further submitted that the petitioner under-trial has filed application form for taking the Moulvi Fazil examination for which admit card has already been issued in his favour. The ld counsel referred to the documents to substantiate the pleas raised. 4. A person who is facing trial is ordered to be kept in judicial custody by the court of competent jurisdiction. Directing remand of person to the judicial custody does not mean that he is denuded of the basic human rights or guarantees available to him under the provisions contained in Part-III of the Constitution of India as applicable to the State of J&K. The petitioner as an under-trial prisoner has all the fundamental rights available to him subject of-course to the reasonable restrictions placed on such right by law made by the State. Petitioner has right to study and equip himself with the educational qualifications/degrees even when he is lodged in prison. Petitioner has also right to receive medical treatment. These rights of the petitioner are traceable to Article 21 of the Constitution of India. Respondents are duty bound to take steps and facilitate the petitioner to take the examination of Moulvi Fazi. Respondents are also duty bound to provide medical facility which is found to be necessary to protect his life. Respondents even under the Jail Manual and Prisons Act and Prisoners Act are duty bound to make available these facilities to the petitioner-under-trial prisoner(s). The respondents are duty bound to honor the commitment made by them in terms of the above referred statute(s). 5. Respondents even under the Jail Manual and Prisons Act and Prisoners Act are duty bound to make available these facilities to the petitioner-under-trial prisoner(s). The respondents are duty bound to honor the commitment made by them in terms of the above referred statute(s). 5. This petition is, accordingly, disposed of with the observation that respondents will take steps in accordance with the law to enable the petitioner-under-trial prisoner to take Moulvi Fazil examination and will further take steps for ensuring that complete medical treatment in accordance with the rules is made available to the petitioner-under-trial prisoner. Disposed of.