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2013 DIGILAW 1039 (JHR)

Court on its own motion v. State of Jharkhand

2013-09-09

H.C.MISHRA

body2013
ORDER Heard Mr. R. Mukhopadhay, learned S.C.-II, Mr. Rajesh Kumar, learned counsel appearing for the RIMS, Ranchi, and Mr. Nilesh Kumar, learned amicus curiae and also perused the report produced by Mr. Rajesh Kumar, learned counsel appearing for the RIMS. Let this report form part of this record. 2. The report shows that out of 14 cottages available in RIMS, 6 cottages are being occupied by the prisoners, who are the high profile political prisoners. The ailments, that have been diagnosed are, chest pain in case of three prisoners, headache in case of two prisoners and H.T.N. Dyslipidemia in one prisoner. The report further shows that these patients are required to be kept in hospital for some more time for the further diagnosis. 3. It may be stated that by order dated 3.9.2013, the Superintendent of RIMS, Ranchi was directed as follows:- "After hearing the learned counsels, this Court feels it appropriate to call for a report from the Superintendent of RIMS, Ranchi, as to whether it is at all necessary, to keep the persons mentioned in the news item, hospitalized continuously. The Superintendent of RIMS is directed to submit a detailed report about the necessity of their continuation as patients in the cottages of the RIMS, taking into consideration their ailments and the necessity of their hospitalization for treatment. If the Superintendent of RIMS feels that it is no more necessary of keeping any of them in the RIMS and they can be provided effective treatments in the jail hospital itself, they may be returned back to the concerned prisons in the meantime. The Superintendent of RIMS, Ranchi, shall ensure that no one is allowed to continue to be admitted in RIMS unnecessarily, only due to his status influence. Let a report be called for from the Superintendent of RIMS, Ranchi, accordingly, through Mr. Rajesh Kumar, learned counsel appearing for RIMS, for which he accepts notice". (Emphasis supplied) 4. In the backdrop of the above direction, the report has been submitted, which shows that even such prisoners are being retained in the cottages of RIMS, who are suffering from headache, chest pain and H.T.N. Dyslipidemia only, on the pretext that investigation is still going on and some further investigations are still to be done. (Emphasis supplied) 4. In the backdrop of the above direction, the report has been submitted, which shows that even such prisoners are being retained in the cottages of RIMS, who are suffering from headache, chest pain and H.T.N. Dyslipidemia only, on the pretext that investigation is still going on and some further investigations are still to be done. It appears that in most of the cases, these high profile prisoners are kept in the cottage of RIMS for more than one month, and in one case, for more than three months. Needless to say that the direction of this Court to ensure that no one is allowed to continue to be admitted in RIMS unnecessarily, only due to his status influence, has not been followed by the concerned authorities, may be because they are helpless in the matter. 5. Learned amicus curiae has produced an order dated 19th December, 2011 passed by this Court in W.P. (PIL) No. 4077 of 2008, wherein in a similar circumstance, this Court had requested the Commandant of Namkum Military Hospital - to constitute a Medical Board consisting of three members and the prisoners were directed to be produced before the said Medical Board, which was requested to furnish the report and it was directed that if the Medical Board of the Military Hospital was of the opinion that the treatment could not be provided in jail and they can be treated only in RIMS, only such persons may be continued in RIMS for the period of such treatment and the others should be shifted to jail. In the said order, taking into consideration the seriousness of the matter, it was observed that not only the accused persons, but the concerned jail authorities and the doctors also interfered with the judicial custody and the process of the Court showing undue favour to the prisoners, keeping them unnecessarily in the RIMS. 6. In view of the report submitted today, it appears appropriate that the same order of the Division Bench be followed. Accordingly, it is directed that the I.G. Prisons, State of Jharkhand shall consult the Commandant of Military Hospital, Namkum, who is also requested to constitute a Medical Board constituting of three members. The I.G. Prisons is directed to complete this process within a period of one week from today and all the prisoners shall be produced before the Medical Board of Military Hospital, Namkum. The I.G. Prisons is directed to complete this process within a period of one week from today and all the prisoners shall be produced before the Medical Board of Military Hospital, Namkum. If the Medical Board of the Military Hospital is of the opinion that they should be continued for the treatment/investigation in RIMS, they shall be continued accordingly. The other prisoners must be returned back to jail immediately thereafter and all this process must be completed within a period of two weeks from today. 7. It also appears that it would be appropriate to pass adequate guidelines in this regard by this Court to be fallowed strictly in all future cases like this, so that the authorities concerned may not feel themselves helpless in the matter. I feel it appropriate that such guidelines should be issued treating the matter as a PIL. It is submitted that W.P. (PIL) No. 4077 of 2008 is still pending. As such, it would be appropriate that this record be tagged with the said W.P. (PIL) No. 4077 of 2008 and the Division Bench dealing with the matter may perhaps like far issuing adequate guidelines to be followed in similar cases in future, to be strictly followed by all the concerned authorities, including the Medical Officials of the RIMS, Ranchi, and noncompliance of the same shall make them liable for appropriate departmental and other actions, including for the contempt of the Court. 8. Let the report of the Medical Board constituted by the Namkum Military Hospital, and the report showing action taken thereon, be produced before this Court in the said W.P. (PIL) No. 4077 of 2008 for appropriate action, positively within the period of two weeks from today. Let the matter be listed before the appropriate Bench after two weeks from today. 9. Let the copies of this order be handed aver to the learned S.C.-II, Mr. Rajesh Kumar, learned counsel appearing far the RIMS, and Mr. Nilesh Kumar, learned amicus curiae, far the needful. Ordered accordingly.