Accused's Interim Bail Application Withdrawn, Court Orders Priority Medical Examination
In a significant ruling, the Delhi High Court, presided by Justice Girish Kathpalia, has reaffirmed the fundamental right to health for accused individuals in judicial custody. The court emphasized that even those under detention cannot be deprived of necessary medical treatment, underscoring the right to health as an integral part of the right to life and liberty under Article 21 of the Indian Constitution.
The case in question involved Jagarnath Shah, also known as Lala, who is accused in FIR No.297/2025 of PS Alipur for offences under Section 103(1)/238(b) of the Bharatiya Nyaya Sanhita (BNS) and the Arms Act. The allegations against Shah include the murder and subsequent burning of the victim's body, supported by evidence such as CCTV footage and the recovery of the weapon and vehicle used in the crime.
Shah's counsel sought interim bail on medical grounds, citing deteriorating neurological health and inadequate treatment in jail. Despite the withdrawal of the interim bail application, the court directed the Medical Superintendent of AIIMS Hospital to prioritize Shah's CT and MRI brain scans within a week. The court instructed that Shah receive necessary medical treatment either in jail or a hospital associated with the jail.
The prosecution and complainant's counsel opposed the bail, highlighting Shah's previous misuse of interim bail and attempts by his family to encroach on the complainant's property. However, the court maintained that the accused's health rights must be safeguarded, balancing state and complainant concerns with the accused's rights.
Justice Kathpalia's ruling highlights the judiciary's role in ensuring fundamental rights are upheld, even for those accused of serious crimes. The order for medical examination and treatment reflects the court's commitment to justice and humane treatment.
Bottom Line:
Right to health is an integral part of the fundamental right to life and liberty, even for an accused in judicial custody - Proper medical treatment cannot be denied to an accused under detention, and balancing of interests is essential to ensure both the rights of the accused and the concerns of the State and complainant.
Statutory provision(s): Article 21 of the Constitution of India, Sections 103(1)/238(b) of the Bharatiya Nyaya Sanhita, 25/27 of the Arms Act.
Jagarnath Shah @ Lala v. State (NCT of Delhi), (Delhi) : Law Finder Doc Id # 2839590
