High CourtsSingle Bench(2022) 09 TP CK 0007

Ratna Rani Das vs State Of Tripura And 4 Ors

Tripura High Court · Decided on 8 September 2022

HON’BLE JUDGES
Arindam Lodh, J
RESULT
Allowed
CASE NUMBER
Writ Petition (C) 741 Of 2022

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Judgment

10 paragraphs · 330 words

Arindam Lodh, J

Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. K. Nath, learned counsel appearing for the petitioner. Also heard Mr. D. Bhattacharjee, learned GA assisted by Mr. P. Saha, learned counsel appearing for the respondents. I have also heard IG Prison, who is also present before this court.

By means of filing the present writ petition, the petitioner has prayed for sending her convict-husband, Sri Babul Das, to the referred hospital at Bangaluru immediately. It appears that a constituted Medical Board of the Government of Tripura had referred the husband of the petitioner to a specialized hospital at Bangaluru for his immediate treatment as he has been suffering from serious cardiac ailment. The Medical Board had referred the convict on 08.08.2022, but, till now the convict has not been sent to the referral hospital at Bangalore.

The petitioner, being the wife of the convict submitted representations dated 04.07.2022 and 22.08.2022 to the IG, Prison, for immediately sending her convict-husband to the referred hospital. Inspite of that, no active steps have been taken by the respondents even after lapse of almost one month.

Needless to say, when a person is referred by the authorized Medical Board of the government for better treatment, then, immediate due care and necessary steps are to be taken.

Here, I find enough negligence on the part of the State-respondents in sending the convict to the referral hospital. Without making any further comments on the issue of negligence, I direct the State-respondents to send the convict to the referral hospital at Bangaluru within 2 days from today after observing all formalities.

A copy of this order be furnished to learned GA in course of the day.

The IG, prison, has assured this court that all necessary steps would be taken to send the convict to the referred hospital within two days.

With the above observation and directions, the instant writ petition stands allowed and disposed.

Pending application(s), if any, also stands disposed.