AI Structured Summary
Not yet generated for this judgment
Judgment
CrlM No. 756/2022;
Mr. Sunil Sethi, Senior Advocate with Mr. Tejashwar Singh Chib, Advocate for appellant/applicant.
Ms. Asifa Padroo, AAG for non-applicants/respondents.
During pendency of the conviction appeal, instant application is filed seeking direction to the Superintendent, Central Jail, Srinagar, to provide specialized treatment to the applicant/convict, who is suffering from morbidity of Disc L5 problem.
Mr. Sunil Sethi, learned senior counsel appearing on behalf of applicant/convict submits that the ailment as detailed out in the application, cannot be treated in the jail and it needs specialized treatment available in the Government Medical College, Srinagar or Sher-e-Kashmir Institute of Medical Science, Soura.
There shall be no scope for the Superintendent, Central Jail, Srinagar, to deny the treatment to the appellant/applicant on account of any ailment, which has reference to his rights guaranteed under the Constitution.
Ordinarily, the need for seeking direction for providing specialized treatment to a prisoner arises on denial of such treatment by the Superintendent, Central Jail, concerned.
Be that as it may, we are only on noticing the averments made in the application, inclined to ensure treatment to the applicant/convict for the ailment as detailed out in the application.
Ms. Asifa Padroo, learned AAG submits that undertrials/convicts are provided all the required treatment in the jails. In the event Court grants her time, she will come with the stand of Superintendent, Central Jail, Srinagar, about the treatment required and provided to the applicant/convict.
Heard learned counsel for the parties.
In view of relief prayed for in the application, we do not feel it necessary to seek any response from the respondents that too from Superintendent, Central Jail, Srinagar, but to dispose of the instant application with direction to the Superintendent, Central Jail, Srinagar, to have the applicant/convict medically examined in the specialized hospital of Government Medical College, Srinagar and in the event on examination of the applicant/convict, the specialized doctors advice for any specialized treatment, same shall be provided to the applicant/convict. Ordered accordingly.
CrlM is accordingly disposed of.
Main appeal be listed on 19.09.2022.