Case Law Details
Amandeep Singh Dhall Vs Directorate of Enforcement (Delhi High Court)
Delhi High Court held that as the medical facilities available at jail dispensary not adequate for medical treatment of the applicant, the applicant is allowed to get required physiotherapy treatment at Safdarjung Hospital, Delhi.
Facts- The instant applications u/s. 439 read with Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) read with Section 45 of the Prevention of Money Laundering Act, 2002 (‘PMLA Act’) has been filed on behalf of applicant seeking grant of interim bail on medical grounds.
The Grievance of the applicant, in a nutshell, is that the applicant is not being provided proper and appropriate treatment in terms of post-epidural care in the prison premises, and thus, the applicant seeks that he be released on interim bail, in order to get appropriate treatment from Indian Spinal Injuries Centre, Vasant Kunj, Delhi.
Conclusion- Held that the medical facilities available at the jail dispensary is not able to provide the medical treatment which is required by the applicant, as adviced by the doctors concerned in terms of post-epidural care after his spinal surgery. Thus, considering that at this stage, no immediate arrangement can be made by the jail dispensary for ensuring appropriate medical care. of the applicant, this Court deems it fit, for the purpose of ensuring that a balance is struck between the right of the prisoners to appropriate medical care and the right of the State to ensure rule of law, to allow the request of applicant to get the required physiotherapy treatment at the Safdarjung Hospital, Delhi. In case, the required medical care is not available at Safdarjung Hospital, Delhi, the applicant may move a fresh application before this Court for being treated at Indian Spinal Injuries Centre, Vasant Kunj, Delhi.
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