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2023 DIGILAW 1690 (RAJ)

Narayan Sai v. State of Rajasthan

2023-09-06

MADAN GOPAL VYAS

body2023
JUDGMENT : MADAN GOPAL VYAS, J. 1. The present criminal writ petition has been preferred by the petitioners with the following prayers: “(a) The action of the respondents, in denying petitioner no. 1’s father efficacious Ayurvedic medical treatment be declared to be violative of Articles 14 and 21 of the Constitution. (b) Respondents be directed to allow petitioners to avail of efficacious Ayurvedic medical treatment for petitioner No. 1’s father. (c) Respondent no. 2 be directed to provide forthwith a duly certified copy of the medical papers of petitioner No. 1’s father which have come into existence during the judicial custody of petitioner no. 1’s father. (d) Pending hearing and final disposal of the petition, respondent no. 2 be directed to permit such person and also a doctor as nominated by petitioner no. 1 to meet his father personally inside the Central Prison, Jodhpur twice in a week. (e) Affidavit and signing of the present petition by petitioner no. 1 be dispensed with. (f) Any other order as this Hon’ble may deem fit to pass in the interest of justice.” 2. Learned counsel for the petitioners submits that though the petitioners have preferred the present writ petition seeking the aforesaid relief, but he is pressing the present writ petition to the extent of the relief under clause (b) that the petitioner no. 1’s father may be provided Ayurvedic Medical treatment, in case, any request is made by him. 3. Learned AAG while relying upon the letter dated 5.9.2023 sent by the Medical Officer-In-Charge of Central Jail, Jodhpur submits that the petitioner no. 1’s father was earlier treated by Ayurvedic doctor and presently too, the State is ready and willing to provide such medical facility to the father of the petitioner no. 1, in case so desired. 4. In view of the consensus arrived at between learned counsel for both the parties, the present criminal writ petition is disposed of with following directions: (i) In case, whenever the father of the petitioner becomes ill and desires for his medical check up/treatment by an Ayurvedic Doctor, the Superintendent, Central Jail, Jodhpur shall consider his request, if deem it appropriate shall provide him medical facilities in prison/jail. (ii) For the purpose aforesaid, the Superintendent, Central Jail, Jodhpur may request the Vice Chancellor of Dr. (ii) For the purpose aforesaid, the Superintendent, Central Jail, Jodhpur may request the Vice Chancellor of Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved University, Nagaur Road, Jodhpur for providing necessary facilities regarding effective treatment of father of the petitioner no. 1.