Madhya Pradesh HC: Prisoners Also Humans, Establish One PHC Per Jail

CASE TITLE

Lalji Singh & Anr. Vs. The State of M.P.

KEY TAKEAWAYS

• This case was heard by the bench of Justice Sheel Nagu and Justice Rajeev Kumar Shrivastava.
• The appellant, in this case, applied four times for the suspension of sentence for 90 days.
• The ratio of doctors deputed in the jail health care facility is very low.
• In this case, the court ordered the state counsel to submit a report regarding the health care facilities in jail.

BACKGROUND OF CASE

• The appellant had made the application for the fourth time on repeat under section 389(1) of the Criminal Procedure Code for grant of suspension of sentence.
• The court granted a temporary suspension of the sentence i.e. 90 days.
• The counsel of the appellant submitted that the appellant was suffering from a heart ailment and was continuously taking the treatment but still was not in a good condition and needed further treatment which was not available in jail.
• Effective transport for the ill patients (prisoners) was also not available.
• The counsel of the appellant again made an application for granting further suspension of the sentence for 90 days.
• The court granted the extension of the suspension of sentence for further 90 days.
• The appellant needed to surrender himself before the concerned magistrate on the expiry of the suspension of sentence granted to him.
• The court also observed that the ratio of doctors deputed for the health care of the prisoners is very low.
• The primary health care facility is also not available in jail for prisoners.

COURT’S OBSERVATION

• The court advised the state to provide health care facilities to the prisoners.
• The state needs to ensure that there must be at least one primary health center in the jail campus which have the facilities to treat the ailment of heart, kidney, liver, etc.
• Specialists and experts shall also be provided in such health care centers to treat the ailment of heart, kidney, liver, etc.
• In the case of Parmanand Katara vs Union of India, directions were given by the apex court in relation to the health care facilities in jail.
• According to the Constitution of India, the judiciary has the role to protect the rights of the prisoners and the Constitution has to protect the human rights of the prisoners.
• Referring to the case Hussainara Khatoon & Ors. vs. Home Secretary, State of Bihar, the court observed that the prisoners are also human beings and their human rights are to be protected.

HOPE YOU FIND THE SNIPPET INFORMATIVE.

QUESTIONS:

1. Where the appellant was ordered to surrender after the completion of interim bail?
2. Why the health care facilities of the jail are in a bad condition?