Jharkhand High Court: In an interlocutory application filed for provisionally suspending the sentence of the appellant, by passing an ad interim order during pendency of the appeal, the Division Bench of Sujit Narayan Prasad and Navneet Kaur, JJ., directed the Jail Superintendent, Garhwa to get the appellant examined in either of the Hospital, i.e., Sadar Hospital, Garhwa or Sadar Hospital, Palamau in the eye ward and as per the advice of the doctor, the left eye of the appellant would be operated upon.
Further, the Court directed the Chairman, District legal Services Authority (‘DLSA’); Vice-Chairman, DLSA and Secretary, DLSA to launch a campaign by conducting the medical camp on monthly basis. The day when the legal camps were being organized, as per the requirement, the medical examinations and all necessary medical aid would be provided to such inmates.
Background
In the present case, while the appellant was in judicial custody, the cataract which was developed in the appellant’s right eye was operated upon by the Jail authorities by getting the appellant examined by the doctor concerned.
The appellant submitted that in pursuance of the order dated 12-05-2022, passed by the co-ordinate bench of this Court, he was operated for the Cataract in the right eye and the same was brought to the notice of this Court, wherein it was also mentioned that the left eye was required to be operated after three months. Thus, the appellant submitted that now that the cataract, which was developed in the left eye, urgently required to be operated upon.
Analysis, Law, and Decision
After hearing the parties, the Court directed the Jail Superintendent, Garhwa to get the appellant examined in either of the Hospital, i.e., Sadar Hospital, Garhwa or Sadar Hospital, Palamau in the eye ward and as per the advice of the doctor, the left eye of the appellant would be operated upon.
The Court observed that the issues of the like nature, that the under-trial prisoners or inmates in judicial custody, were required to be medically examined, particularly, the old age inmates where the likelihood of the issue of Cataract, Diabetes, Blood Pressure and other old age ailments were likely to grief such inmates. Hence, the Court directed the Chairman, DLSA; Vice-Chairman, DLSA and Secretary, DLSA to launch a campaign by conducting the medical camp on monthly basis. The day when the legal camps were being organized, as per the requirement, the medical examinations and all necessary medical aid would be provided to such inmates.
The Court stated that the Jail Adalat which was organized inside the jail on the last Saturday of each month, would be organized regularly along with the medical camps. Further, the Member Secretary, Jharkhand State Legal Services Authority was directed to monitor and call upon the report of this task.
The matter next be listed for 17-12-2024.
[Laxman Ram v. State of Jharkhand, Cr. Appeal (DB) No. 2052 of 2017]
Advocates who appeared in this case :
For the Appellant: A.K. Kashyap, Senior Advocate;
For the Respondent: Priya Shrestha, Spl. P.P.
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