The Bombay HIGH court on Friday held that prisoners have right under Article 21 of the Constitution to receive medical records including information on tests and medicines administered to them (Maaysha Singh v. State of Maharashtra & Anr).
A Bench of Justices SJ Kathawalla and SP Tavade also held that prisoners are entitled to form a call with an approved loved one after any visit to the hospital by following the prison protocol.
These directions came on a plea moved by Maaysha Singh, daughter of Bhima Koregaon violence accused, advocate Sudha Bharadwaj seeking her mother’s release from prison on medical grounds.
Bharadwaj is one among the accused within the Elgar Parishad event of 2018 which triggered violence at Bhima Koregaon subsequent day. Bharadwaj is currently detained at Women’s Prison in Byculla, Mumbai.
Advocate Yug Chaudhry informed the Court that after filing this petition and after the order passed within the previous hearing, Bharadwaj was taken to the hospital outside the prison and is now receiving treatment.
In view of this, he wasn’t pressing for the second request for bail on medical ground.
Accordingly the petition was disposed of.
Chaudhry submitted that so as to chop down on the number of petitions being filed within the supreme court , he wanted to form two suggestions to the Courts for his or her consideration.
Prisoners have a right to their own medical history . Copies of the test reports and medicines prescribed should tend to them.
Courts could allow one call to the prisoner with an approved loved one or lawyers after a hospital visit in order that they will be consulted.
Additional lawman Anil Singh appearing for the National Investigation Agency replied that while these suggestions made are literally State’s discretion, he had no opposition to the suggestions except that permission ought not be granted for chatting with a lawyer.
“What will lawyer do for treatment?” ASG said.
Additional prosecutor Jayesh P Yagnik said that even he agreed with the suggestion as long as prison protocols are followed.
After hearing all submission, the Court proceeded to pass order. It specifically stated within the order that the directions passed within the petition should be made applicable to all or any prisoners.
Source: Bar and Bench
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