Court Emphasizes Adequate Medical Care at Government Hospitals, Orders Second Opinion from Apollo Hospital for Prisoner
In a significant ruling, the Delhi High Court has dismissed a writ petition filed by Abubacker E, seeking transfer to a private hospital for medical treatment. The petitioner, a prisoner suffering from multiple serious ailments, had alleged inadequate treatment and rude behavior by staff at AIIMS, where he was receiving medical care. The court, presided over by Dr. Swarana Kanta Sharma, J., held that AIIMS, being a premier medical institution, is well-equipped to manage the petitioner's medical needs.
The court observed that the petitioner's grievances, primarily related to the behavior of hospital staff, do not justify a transfer to a private hospital. The judgment highlighted the absence of any evidence indicating inadequate or deficient medical care at AIIMS or other government hospitals where the petitioner was being treated.
The court emphasized the importance of balancing prisoner rights with the integrity of the medical and judicial system, noting that repeated requests for private hospital treatment had been dismissed previously. However, in a move to ensure comprehensive medical evaluation, the court directed that the petitioner be taken to Apollo Hospital for a second medical opinion, which would then be assessed by AIIMS for further treatment decisions.
The judgment also directed jail authorities to ensure timely notification to the petitioner's family in case of medical emergencies and emphasized the need for humane treatment of prisoners with serious health conditions. The court mandated sensitization of medical staff at government hospitals to better address prisoner grievances related to non-medical issues.
This decision underscores the judiciary's role in ensuring that prisoners receive adequate medical care while maintaining the efficiency and integrity of government medical institutions.
Bottom Line:
A prisoner cannot seek transfer to a private hospital of their choice for treatment solely based on grievances about the behaviour of medical staff in a government hospital unless there is evidence of inadequate or deficient medical treatment.
Statutory provision(s): Writ of Mandamus, Prisoner's Health Rights, Criminal Procedure
Abubacker E v. National Investigation Agency, (Delhi) : Law Finder Doc id # 2874633
