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Madhya Pradesh High Court · body

2020 DIGILAW 463 (MP)

Imran v. State Of M. P.

2020-04-13

S.C.SHARMA, SHAILENDRA SHUKLA

body2020
JUDGMENT 1. The four detenues against whom provisions of National Security Act have been imposed are Salim, Javed, Samir and Imran, all residents of Indore. Out of them, Javed and Salim have been shifted to Jabalpur Central Jail. Similarly, Sameer and Imran both have been sent to Satna Central Jail. Out of these detenus, barring Salim the other three ie., Javed, Sameer and Imran have tested positive for Covid 19 disease. It has been prayed has that these detenus be shifted to Indore Central Jail because of better medical facilities available at Indore. 2. The learned Advocate General has submitted that although adequate treatment facilities are available in the Districts where the detenues have been sent, but he is not averse to the idea of shifting them to one unified centre. He submits that up to date medical facilities have been made available at Indore as well as at Bhopal and the concerned institute at Bhopal is Government Medical College. The Hon'ble Apex Court, in W.P. No. 1/2020 order dated 16.3.2020 while deliberating on the medical facilities for COVID-19 prisoners has considered the reply of the State Government of M.P. and has expressed satisfaction regarding the same and has issued further directions. 3. Learned Advocate General has submitted that the entire staff which has transported the detenues initially to Jabalpur and Satna and the staff which is going to transport them back to Bhopal or to Indore, in case an order to that effect is made, shall also be tested for infection and shall also be kept under quarantine. Keeping in view the statement made by learned Advocate General and keeping in view the necessity of the situation as three of them have been tested positive and as there are dedicated hospitals at Indore and Bhopal, the State Government is directed to ensure that all four detenues be shifted immediately to Bhopal where there is a dedicated hospital, ie., the Government Medical College Hospital which has been now been designated exclusively to deal with a COVID patients. The same exercise be taken up forthwith. It is needless to mention that they will be transported in safe ambulances by maintaining proper distances between them and the staff accompanying them shall also be kept under quarantine and shall be extended all possible facilities of checkup and other requirements as may be needed from time to time. 4. The same exercise be taken up forthwith. It is needless to mention that they will be transported in safe ambulances by maintaining proper distances between them and the staff accompanying them shall also be kept under quarantine and shall be extended all possible facilities of checkup and other requirements as may be needed from time to time. 4. It is made clear that as three of them have tested positive, the jail staff at Jabalpur and Satna with whom they have interacted or with whom they were having any contact be also subjected to medical examination. It is needless to mention here that in future the State Government will not transfer the prisoners to other Districts without the leave of this court keeping in view of the position at Indore where largest number of cases have been reported in the State of Madhya Pradesh. There are certain districts where there are no Covid patient and therefore, in case, any necessity arises in future for transfer of any prisoner the State Government shall obtain the leave of this Court. A detailed reply be also filed in the matter within 4 weeks. This court is passing this order through video conferencing, Shri Kuldeep Singh Kushwah, Chief Principal System Analyst, High Court of M.P. Jabalpur who is on deputation with the Supreme Court shall ensure that the order passed by this court is uploaded in the website and that a physical copy of the order passed by this court would be kept in the file for future reference. 5. It is clarified that Sameer and Imran are at Satna and both of them have detected positive and Salim and Javed who are at Jabalpur and out of them Javed is detected positive. As all of them were together for considerable time, Salim would also be quarantined and subjected to retest at Bhopal. 6. It is made clear that this order is being passed under extraordinary circumstances and such order would not be liable to be objectively followed in future in respect of other detenus in the State. The State is also directed to strictly follow the protocol formulated by ICMR for the purpose.