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2018 DIGILAW 21 (JHR)

Akhilesh Singh v. State Of Jharkhand

2018-01-03

RONGON MUKHOPADHYAY

body2018
JUDGMENT Rongon Mukhopadhyay, J. - Since in the report of the Medical Board constituted by RIMS, signature of one of the members was missing, the learned Additional Advocate General was directed to take instruction as to why he has not signed on the said report. 2. Today it has been stated by learned Additional Advocate General that Dr. Pankaj Bodra, Professor, Department of Surgery has gone to attend a medical conference at Jaipur on 26.12.2017 and that was the reason why he was prevented to sign on the report of the medical board. 3. This Court on 19.12.2017 had directed to get the X-ray and MRI of the petitioner done and after the report was made available, the same was to be transmitted to the medical board so that an opinion of the medical board can be obtained. 4. The report of the medical board dated 29.12.2017 contains the enclosures which consists of the X-ray and MRI report. The MRI and X-ray report is dated 27.12.2017 and on consideration of the same, the Associate Professor, Department of Orthopaedics and Associate Professor of Medicine who were a part of the medical board had given its report on 29.12.2017 wherein it has opined that the under trial prisoner may be referred to a higher centre/AIIMS, New Delhi for further treatment and management, as the facilities for treatment of the injuries sustained by the petitioner was not available in RIMS, Ranchi. 5. Dr. Pankaj Bodra, Professor, Department of Surgery, RIMS, Ranchi did not have the occasion to either go through the X-ray or the MRI report since he was on leave to attend the medical conference. Learned Additional Advocate General submits that his stay was extended till 02.01.2018. Thus the medical report dated 29.12.2017 which had opined that no such treatment is available in RIMS and has referred the petitioner to higher centre/AIIMS, New Delhi does not carry much credence in absence of the head of the said medical board having concurred with the finding/opinion of the other two members comprising the medical board. Thus the medical report dated 29.12.2017 is an incomplete report and no cognizance can be taken of the opinion which has been rendered by the so called medical board. 6. Thus the medical report dated 29.12.2017 is an incomplete report and no cognizance can be taken of the opinion which has been rendered by the so called medical board. 6. Learned counsel for the petitioner has stated that the wounds suffered by the petitioner requires immediate attention and treatment and he has also suggested that the petitioner is ready to bear the expenses which would occur if the petitioner is allowed to get himself treated at a higher centre at Ranchi. 7. However, in view of what has been noted above and since this Court is compelled not to take cognizance of the report of the purported medical board dated 29.12.2017 and considering the submission of the learned counsel for the petitioner that the petitioner requires immediate and urgent treatment, the learned J.C. to Assistant Solicitor General of India was requested to take instruction from Namkum Military Hospital with respect to constitution of a medical board. He has taken instruction and submits that the medical board can be constituted as per direction of this Court. 8. In view of above, therefore, the Commandant, Namkum Military Hospital, Namkum is requested to constitute a medical board comprising of three members. The I.G., Prisons, Jharkhand, Ranchi in consultation with the head of said medical board will produce the petitioner before the medical board on the date it is agreed upon. 9. Meanwhile a copy of the medical report dated 29.12.2017 along with its enclosures shall be made available to the office of the learned Assistant Solicitor General of India (ASGI) for further communication to the Commandant, Military Hospital, Namkum in order to facilitate the composition of the medical board by the Commandant, Military Hospital, Namkum. 10. The report of medical board should be made available to the I.G., Prisons within a period of one week from the date the petitioner is examined by the medical board. Once the report is received by the I.G. Prisons he shall consult the Superintendent of RIMS and the Superintendent of RIMS shall also opine as to whether the line of treatment which may be suggested by the freshly constituted medical board is available in RIMS or not so that further necessary directions be given by this Court for getting the treatment of the petitioner done. 11. Let this matter be listed on 15.01.2018 under the heading ''For Orders. 12. 11. Let this matter be listed on 15.01.2018 under the heading ''For Orders. 12. Let a copy of this order along with the medical report and its enclosures dated 29.12.2017 be handed over to the learned counsel for the petitioner as well as to the learned ASGI. Let a copy of this order be handed over to Mr. H.K. Mehta, learned AAG immediately and a copy of the same be also sent to the Superintendent of RIMS, Ranchi through fax. 13. List as indicated above.