The Delhi High Court allowed Amandeep Singh Dhall to undergo physiotherapy treatment at Safdarjung hospital. Amandeep Singh Dhal is the accused in the much celebrated Delhi Excise Policy case.
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.
The counsel for the petitioner argued that the present interim bail application has been preferred owing to the lack of facilities at jail hospital for providing effective medical treatment to the applicant in terms of regular physiotherapy sessions as prescribed by the concerned doctor at Indian Spinal Injuries Centre, and lack of facility in jail hospital for administering epidural steroid injection/and other necessary procedures for C3-C4 joint of the applicant. It is argued that the applicant is required to be released on interim bail since effective and adequate medical treatment in terms of post epidural care is not being provided in the jail premises.
A Single Bench of Justice Swarna Kanta Singh observed that “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.”
“The Courts cannot allow inadequate prison health care system to violate a prisoner’s right to timely and adequate medical health care. Preserving the health of the prisoners would require a mechanism to monitor and promote the health care system available in the prisons. In face of increased health vulnerabilities, many prisoners have heightened risk of permanent damage to their bodies” the Court commented.
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