Asha Ram S/o Thawar Dass @ Thaumal v. State of Rajasthan the Chief Secretary
2016-10-24
A.K.SIKRI, N.V.RAMANA
body2016
DigiLaw.ai
ORDER Special Leave Petition (Crl.) No(s). 6202 of 2016 In this petition the petitioner is seeking interim bail on the ground that he is suffering from various ailments which need immediate medical attention. Having regard to these averments in the special leave petition, the case of the petitioner was referred to All India Institute of Medical Sciences (AIIMS), New Delhi for medical examination. He was medically examined and a report dated 19.08.2016 is submitted by the AIIMS, New Delhi. As per the said report, a team of seven doctors was constituted which co-opted five doctors of various disciplines. As many as 29 tests were conducted, particulars whereof are given in the report. The petitioner, however, refused to undergo the following investigations: "1. Stress Thallium (Dobutamine) 2. MRI Prostate 3. Carotid Doppler. 2. On the basis of the tests conducted, the AIIMS, New Delhi had reported that he is diagnosed to have the following conditions: 1. Trigeminal Neuralgia 2. Cervical and lumbar spondylosis, Osteoarthritis knees 3. Primary Hypothytroidism 4. Prostatomegaly 5. Carpel Tunnel Syndrome 6. Coronary Artery disease (functional severity not established-as explained below) 7. Low vitamin D3 level (subclinical) Overall, the report/finding of the Board is that the medical condition of the petitioner is 'stable'. 3. Though, the petitioner has filed objections to the said report wherein it is submitted that because of certain ailments which are established in the report of the AIIMS, New Delhi as well, the petitioner, who is 79 years of age, needs immediate medical attention and some of these ailments if not taken care of medically, will lead to further complications. 4. Mr. Mehta, learned ASG also does not dispute that medical treatment is needed in respect of the diseases with which the petitioner is suffering. However, he has given the suggestion that such treatment of high quality can be provided at All India Institute of Medical Sciences (AIIMS), Jodhpur itself. To another request of the learned senior counsel for the petitioner that the petitioner wants Ayurvedic treatment, it is also responded by Mr. Mehta that there is a State Ayurvedic Hospital in Jodhpur namely Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved University, Jodhpur itself and State can ensure that the petitioner shall be treated there if he wants so. 5. We find the suggestion of Mr. Mehta to be quite reasonable and acceptable.
Mehta that there is a State Ayurvedic Hospital in Jodhpur namely Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved University, Jodhpur itself and State can ensure that the petitioner shall be treated there if he wants so. 5. We find the suggestion of Mr. Mehta to be quite reasonable and acceptable. Thus, subject to the consent of the petitioner, the petitioner shall be provided full medical facilities at AIIMS, Jodhpur and/or Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved University, Jodhpur while in judicial custody. 6. List on 21.11.2016 Special Leave Petition (Crl.) No(s). 6459 of 2016 7. The Learned counsel for the petitioner points out that no formal notice has been issued in this special leave petition so far. 8. Issue notice. Ms. Hemantika Wahi, Advocate-on-record accepts notice on behalf of the respondent/State. Reply be filed before the next date of hearing. List on 21.11.2016. (Crl.) No. 7946 of 2016. 9. List on 21.11.2016.