Full Text of Order of Bombay High Court regarding treatment of Political Prisoner G Naga Saibaba
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
SUO MOTU CRIMINAL PIL (L) NO. 4 OF 2015
Ms.Purnima Upadhyay ..Petitioner.
State of Maharashtra & Ors. ..Respondents.
Ms.Gayatri Singh, Senior Advocate i/b. Vijay Hiremath for the Petitioner.
Mr.S.K.Shinde, PP with Mr.J.P.Yagnik, APP for the respondent State.
CORAM : MOHIT S. SHAH, C.J. &
A.K. MENON, J.
DATED : 17 JUNE, 2015
1.Mr.S.K.Shinde, learned Public Proseccutor has placed before us a report dated 16 June, 2015 of the Chief Medical Officer, Central Prison, Nagpur indicating the present health status of Professor Dr.G.N. Saibaba [undertrial prisoner in Sessions Trial No.13/2014 (Mahesh Tirki & Ors.)].
“The present health status of the said prisoner is described
1.General Physician: He was examined by the General Physician on 29/12/2014 for General Evaluation as he is a known case of Systemic Hypertension with left ventricular hypertropy and he is advised to continue tab. Repase, Ecosprin and Aten.
2. Orthapaedic Surgeon : The patient was examined by orthopaedeic surgeon on 29/12/2014 for complaint of weakness of left shoulder and he diagnosed him to be
suffering from backache with left shoulder weakness and he is advised regular physiotherapy. The said prison also has kyphoscoliosis causing rib crowding.
3. Caridiologist: the cardiac evaluation of the said prison has been done Government Super Speciality Hospital Nagpur by expert cardiologist. The ECG of the said prisoner was carried out on 12/03/2015 which showed
ischemic changes. The expert advised him coronary angiography for his further management. But the said prisoner is not willing to undergo angiography stating unavailability of free accesssibility for handicapped persons at Government Medical College and Hospital, Nagpur and stating that he will discuss first with his family members and family doctor before taking any decision about angiography. The said prisoner patient was counselled by chief medical officer at prison hospital as the angiography is mandatory to rule out
any blocks in the vessel which may result in acute life threatening emergency.
4. Neurologist : The said prisoner was examined by expert neurologist at Government Super Speciality Hospital, Nagpur and diagonsed to be suffering from cervical rediculopathy left side MRI left shoulder joint on 19/03/2015 showed thickening involving left sided brachial plexus at its root and trunks. He is under evaluation for his radiculopathy.
5. General surgeon : The said prisoner is recently diagnosed to be suffering from bilateral renal calculi (stones in both kidneys) with gallbladder stone on Sonography on 22/04/2015. The patient was
examined for the same by expert general surgeon and he is under treatment as advised by expert. The said prisoner was sent to Government Medical College & Hospital, Nagpur for expert surgeon’s evaluation wherein he was examined. ”
2. Ms.Gayatri Singh, learned senior counsel for the Petitioner in this PIL submits that the prisoner is not getting necessary treatment required for his multiple ailments because the Government Hospital does not have all the facilities required for the treatment of these ailments. Reference is also made to the submissions made on behalf of the prisoner at the hearing of the
Bail Application Exhibit59 wherein the Sessions Court has recorded his submissions that when the previous Bail Application came up for hearing, the Applicant (prisoner) was provided all facilities but after the Bail Application was disposed of, those facilities are withdrawn (order dated 4 March, 2015). Learned counsel further submits that as per the latest instructions given by the prisoner that he is suffering from excruciating pain and
gradual degeneration of spine, vertebrae and nerve system from spine to shoulder.
3 According to Ms.Singh, the prisoner requires medical treatment in a private hospital as the treatment required is not available in the Government Medical Civil Hospital, Nagpur. It is submitted that the prisoner has to undergo treatment in a private hospital which has a specialised department for spine, neurology and neurosurgery like Nueron Hospital where Professor (Dr.) Pramod Giri is said to be the Head of the Department of Neurosurgery at Nueron Hospital. The Government Hospital at Nagpur does not have such a department for specialised treatment. Learned counsel for the Petitioner further states that the prisoner’s family is ready to bear all expenses for such treatment at the private hospital. It is submitted that if there is delay in treatment, the prisoner’s physical and mental condition is likely to worsen as he is unable to bear the excruciating pain and immediate
hopitalisation for treatment in the aforesaid hospital is the only answer.
4. Looking to the physical condition of the prisoner as mentioned in the report dated 16 June, 2015 by the Chief Medical Officer of the Prison Hospital, Central Prison, Nagpur, we are of the view that there cannot be any objection to the prisoner being taken to the above private hospital initially for diagonsis and for
considering the treatment required to be undergone by the prisoner. Therefore, we pass the following order :
The Respondents shall take prisoner Professor Dr. G.N.Saibaba to the “Nueron” hospital at Nagpur within 24 hours from now subject to the following safeguards :
(i) The prisoner shall be allowed to be accompanied by his wife and brother professor Dr.Gokarakonda Ramadevudu. The prisoner and his relatives shall not be allowed to carry mobile phones or computers or other communication devices and whenever necessary, communicate through the
mobiles of security guards;
(ii) Two security guards shall be provided to the prisoner round
(iii) As suggested by the Petitioner, Dr.Sanjay Ramteke may accompany the prisoner and may remain present when the doctors of the Neuron hospital examine the patient and conduct investigations. He also shall not carry any mobile phone, computer or other communication device with him;
(iv) The chief Medical Officer of the Prison Hospital, Central Prison Nagpur or any Medical Officer nominated by him or the Superintendent of the Central Prison or his nominee may also accompany the prisoner when he is being examined at the above private hospital and / or when the investigations are being conducted at the said hospital.
5. This order is passed in the presence of the learned Public Prosecutor who shall communicate this order to the Respondents for timely compliance.
6. Dr.Pramod Giri, the Head of the Neurosurgery at the Superspecialities at the said Hospital shall submit his report after investigations are conducted, to the Public Prosecutor within one week from today. Till the said hospital submits further report and this Court hears the matter again, the prisoner shall be allowed to remain in the said private hospital at his family’s cost, and may be given such treatment as the doctors at the said hospital consider appropriate.
7. Stand over to 24 June, 2015.