TaxTMI 
TaxTMI 
2021 (2) TMI 1406
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.... Agency (NIA). Mr. Deepak Thakare, Public Prosecutor for the Respondent/State. JUDGMENT 1. An appeal and two writ petitions have come up for consideration before this court for release of Dr. P.V. Varavara Rao, an accused and under trial (hereinafter referred to as "the under trial") from custody, on the ground of his advanced age and precarious health condition. 2. The appeal being Criminal Appeal No.52 of 2021 has been filed under Section 21(4) of the National Investigation Agency Act, 2008 (for short, "the NIA Act") to challenge order dated 26/06/2020 passed by the Court of Special Judge for Greater Mumbai (hereinafter referred to as "the NIA Court") in NIA Special Case No. 414 of 2020, whereby a bail application filed on behalf of the under trial on the ground of old age and medical conditions, stood dismissed. 3. Criminal Writ Petition No.63 of 2021 has been filed by the wife of the under trial with prayers for declaration that the respondents have failed to provide appropriate medical treatment to the under trial in custody, thereby violating his fundamental right to health, dignity and life guaranteed under Article 21 of the Constitution of India, apart from v....
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..... 8. On 15/11/2018, charge-sheet was filed against some of the Judgment dated 28/09/2018 passed in Writ Petition (Criminal) No.260 of 2018 accused persons and the under trial was taken into police custody from house arrest and he was taken to Pune. On 31/01/2019, the under trial and other co-accused persons were arrested in C.R. No.35 of 2016 for offences under the IPC, UAPA, Arms Act and the Bombay Police Act. They were produced before the Court of Judicial Magistrate, First Class, Aheri, Gadchiroli. Thereafter, on 21/02/2019, a supplementary charge-sheet was filed against the under trial and other accused persons in the present case for having committed offences under Sections 121, 121(A), 153(A), 505(1)(B), 117, 120(B), 124(A) read with Section 34 of the IPC and Sections 13, 16, 17, 18, 18(B), 20, 38, 39 and 40 of the UAPA. The allegation against the under trial is that he is a senior member of a banned organization-Communist Party of India (Maoist). He has been allegedly actively involved in arranging funding and providing arms and ammunition to the cadre of the said organization to wage war against the established Government, causing death of a number of security personnel ....
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....levant records. Therefore, on 15/05/2020, the under trial applied for a second time for grant of interim bail. It was specifically stated that the under trial was aged 81 years and that he was suffering from piles, prostate enlargement, coronary artery disease, Oedema/Anasarca (swelling of feet), Hypertension, Sinusitis, Migraine and Vertigo. On 22/05/2020, the NIA Court directed the Taloja Central Prison authorities to file a report regarding the health condition of the under trial. At this stage, while the medical report was not filed by the Superintendent of Taloja Central Prison before the NIA Court, the under trial had to be admitted to the J.J. Hospital, Mumbai due to deterioration of his health. It is claimed in the appeal as well as the writ petitions that the family members of the under trial were not informed about this development. 14. On 01/06/2020, the under trial was discharged from J.J. Hospital and he was taken back to Taloja Central Prison where he was admitted in the jail hospital. 15. A medical report dated 01/06/2020 pertaining to the under trial was filed before the NIA Court and although a copy of the same was not supplied to the advocate representing th....
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....pitiable condition, without proper nursing assistance. Therefore, Writ Petition No.64 of 2021 was filed before this Court on behalf of the under trial for conducting proper medical tests and for providing him with appropriate treatment. 20. On 16/07/2020, the under trial slipped and fell from his bed sustaining an injury on his forehead requiring stitches. The health condition of the under trial was precarious and it was compounded by the fact that he tested positive for Covid-19 virus. Due to this, the under trial was shifted to St. George Hospital, Mumbai, which was a designated Covid-19 Hospital. But, in the said hospital also, his condition further deteriorated with the sodium level falling, resulting in bouts of delirium. At this stage, due to intervention of the National Human Rights Commission ("NHRC"), on 19.07.2020, the under trial was shifted to Nanavati Hospital. Upon tests being conducted, it became evident that the electrolyte levels of the under trial were not proper and that his sodium levels had gone down resulting in bouts of delirium. Apart from the fact that he had contracted Covid-19 virus, the under trial was also found to be suffering from Urinary Tract Inf....
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....ion before this court or to amend the pending writ petition already filed on behalf of the under trial. The Hon'ble Supreme Court did not express any opinion on the merits of the matter. 24. Consequently, the wife of the under trial filed Criminal Writ Petition No.63 of 2021, before this Court on 05/11/2020 invoking Article 21 of the Constitution of India to seek an order for release of the under trial from custody, in view of his advanced age and precarious health condition. During the pendency of the writ petition, the Nanavati Hospital asked the authorities of the Taloja Central Prison to get the urine culture of the under trial so as to monitor his health condition. On 12/11/2020, this court issued an order in Writ Petition No.63 of 2021, to assess the medical condition of the under trial through video examination by the doctors of Nanavati Hospital and also to nominate doctors to visit Taloja Central Prison for his examination. 25. The blood test reports prepared by the Laboratory engaged by Taloja Central Prison hospital were brought on record and, on 18/11/2020, this court passed an order in Writ Petition No.63 of 2021, along with the connected writ petition and the ap....
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.... position about the health status of the under trial. The said report was taken on record and it was directed that copies of the report be furnished to learned counsel appearing for the rival parties. In the said report, the chronology of events pertaining to the health status and treatments given to the under trial were stated in detail, and thereafter, it was opined that the under trial was having normal cognitive functions, which indicated that he was capable of self-care. It was also stated that based on the clinical parameters and bedside testing, it was apparent that he did not have Dementia, however in order to rule it out completely, a detailed neuropsychological testing of the under trial was required, but as per the opinion of the neurologist of the Nanavati Hospital such test was not required at the said point of time. Thus, Dementia was not completely ruled out in the said report dated 12/01/2021. Thereafter, a list of medicines prescribed to the under trial was given and then it was stated that as on 12/01/2021, the under trial was hemodynamically stable, he did not require indoor medical management and that he was fit to be discharged. 29. After the copies of the s....
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....itals, be they hospitals attached to the jail or Government hospitals or even private hospitals, would show that there had been a consistent deterioration in the health condition of the under trial. Learned senior counsel referred to large number of documents pertaining to the admission of the under trial in J.J. Hospital in July, 2020 till his discharge from the said hospital, then being shifted to St. George Hospital upon testing positive for Covid-19, followed by shifting to the Nanavati Hospital in July, 2020 itself on the intervention of the NHRC. It was pointed out that during this period, the under trial had become incoherent. There were bouts of delirium induced by hemodynamic instability and that there was reference to dementia. By referring to the medical reports over the entire period from July, 2020 to January, 2021, learned senior counsel submitted that even if the last report indicated that the under trial was fit to be discharged, his continued custody and further incarceration was wholly incompatible with his health condition and that, putting him back in the custody, would endanger his life. (d) It was submitted that the Taloja Central Prison hospital did ....
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....hat he required constant monitoring of health, which was impossible in jail and that, it would be cruel to continue the custody of the under trial despite the admitted position that in the present case, even charges were not framed and the trial would take years to be completed. It was submitted that the NIA court did not pay attention to this aspect of the matter at all, while passing the impugned order and rejecting the bail application of the under trial. (g) It was further submitted that notwithstanding the stringent provisions of Section 43D(5) of UAPA and the non-obstante clause with which sub-section (5) opens, the court certainly has power to consider the prayer for grant of bail purely on health and medical grounds. In this regard, learned senior counsel for the under trial submitted that the power of the court under the proviso to Section 437 (1)(i) and (ii) of the Cr.P.C. to grant bail to the sick and infirm was unaffected by the stringent nature of the provisions of the UAPA, particularly Section 43D(5) thereof. It was emphasized that the stringent nature of the provisions and the additional requirement manifested in Section 43D(5) of UAPA could not take away t....
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....ack to Taloja Central Prison as it would risk his life and there was every possibility of the health of the under trial deteriorating, necessitating further rounds of being admitted to hospitals, which was fraught with risk of hospital acquired infections and such other complications. (k) By referring to the said latest reports of Nanavati Hospital, it was emphasized on behalf of the under trial that there was a list of medicines being administered to the under trial even today, indicating his weak physical and mental condition. It was submitted that any further instability in the hemodynamic readings of the under trial would further accelerate the condition of dementia and cerebral atrophy. In such a situation, this court ought to exercise its powers not only under the provisions of Section 437(1)(i) and (ii) of the Cr.P.C. but also as a Constitutional Court to uphold the right to life of the under trial under Article 21 of the Constitution. (l) It was further submitted that keeping the under trial in custody had a real possibility of his health deteriorating, leading to worsening of health or more, which was not in the interest of prosecution also. This was beca....
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....orders passed by this court pertaining to medical treatment to be given to the under trial, the prayers made in the said writ petition stood satisfied. (n) Ms. Indira Jaising, learned senior counsel appearing on behalf of the under trial in Cri. Writ Petition No.63 of 2021, submitted that the said writ petition was filed under Article 226 of the Constitution of India invoking fundamental right guaranteed to the under trial under Article 21 of the Constitution of India. Learned senior counsel submitted that she is neither arguing the bail application nor the appeal under the NIA Act for release of the under trial. It is submitted that the under trial has a right to health under the right to life guaranteed by Article 21 of the Constitution of India and that this court as a Constitutional Court ought to exercise its prerogative writ to direct the release of the under trial forthwith, in view of his health condition and advanced age. It was submitted that the admitted facts in the present case demonstrated that the respondents had failed to provide basic medical facilities to the under trial, which amounted to cruelty and that the continued incarceration of the under trial wa....
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....prisoners to meet their family members, access to proper food and water, access to proper medical treatment, the right to intermingle with other prisoners, right to speedy trial and such other rights, so as to ensure that prisoners were not reduced to mere animal existence or vegetable subsistence. In this regard, reliance was placed on the judgments of the Hon'ble Supreme Court in the case of D. Bhuvan Mohan Patnaik v. State of U.P. [(1975) 3 SCC 185], Sunil Batra (I) v. Delhi Admn. [(1978) 4 SCC 494], Sunil Batra (ii) v. Delhi Admn. [(1980) 3 SCC 488], T.V. Vatheeswaran v. State of Tamil Nadu [(1983) 2 SCC 68], Nilabati Behera v. State of Orissa [(1993) 2 SCC 746], Charles Sobraj v. Supdt., Central Jail [(1978) 4 SCC 104], Francis Coralie Mullin v. Administrator, Union Territory of Delhi [(1981) 1 SCC 608], Inhuman Conditions in 1382 Prisons, In re, [(2017) 10 SCC 658], Sjatrigjam Cjaijam v. Union of India [(2014) 3 SCC 1] as also the judgment of the Rajasthan High Court in Vaman Narayan Ghiya v. State of Rajasthan 20 [AIR 2013 Raj. 35]. (r) Learned senior counsel further relied upon Article 5 of the Universal Declaration of Human Rights, 1948, mandating that no one shal....
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....al (ASG), appearing on behalf of respondent No.1-NIA submitted, as follows: - (a) It was submitted that in view of the aforesaid statement made by learned Public Prosecutor for the State of Maharashtra, nothing actually remained in the appeal as well as in the writ petitions. It was submitted that when the under trial could be kept in the Prison Ward of J.J. Hospital with constant monitoring by Doctors and other medical staff, the apprehension expressed on behalf of the under trial stood addressed and, therefore, the whole basis of the arguments advanced on behalf of the under trial was taken away. It was further submitted that the prayers made in Writ Petition No.64 of 2021 had already been addressed in view of the various directions given by this court. (b) Learned A.S.G. emphasized upon the two latest medical reports dated 12/01/2021 and 27/01/2021, submitted by Nanavati Hospital before this court. It was submitted that in both these reports, it was categorically opined that the health condition of the under trial was stable on all parameters, he did not require indoor medical management and that he was fit for discharge. It was emphasized that no objection was....
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.... submitted that there was no scope to raise any contention that the under trial suffered from dementia and it could be a factor to be considered by this court. (f) Learned A.S.G. then referred to the judgments relied upon by learned senior counsel appearing for the under trial in the appeal and in the writ petitions to contend that such judgments pertained to the nature of rights available to a prisoner in the context of Article 21 of the Constitution, with particular reference to facilities to which prisoners are entitled, while being incarcerated. It was submitted that none of the judgments recognized any right for grant of bail or an order of release under Article 21 of the Constitution of India, in the absence of specific finding that continued custody of the prisoner would amount to endangering his or her life. It was submitted that in the present case, there was no question of this court rendering any finding to that effect, particularly when the latest medical reports categorically stated that the under trial was fit for discharge. It was submitted that when the State has made a statement that the under trial would be kept in the Prison Ward of J.J. Hospital, there ....
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....Ranjan Yadav @ Pappu Yadav v. CBI [(2008) 1 SCC 667], the Hon'ble Supreme Court had rejected the prayer made on behalf of the accused that his treatment for medical conditions was possible only outside the jail. In the case of Asharam Bapu v. State of Rajasthan [2015 All MR (Cr.) 4138], the Hon'ble Supreme Court refused to consider the prayer for grant of bail even when the petitioner therein was about 85 years old and he suffered from numerous medical conditions, as the Medical Board had suggested only medical management of the petitioner therein on OPD basis. It was lastly submitted by the learned ASG that if the contentions raised on behalf of the under trial were to be accepted, there would be a deluge of petitions invoking writ jurisdiction by prisoners on the ground of old age and health conditions. (j) In rejoinder, learned senior counsel appearing for the under trial submitted that the statement made by learned Public Prosecutor on behalf of respondent-State that the under trial could be kept in the Prison Ward of J.J. Hospital was not a solution in the present case. It was submitted that the under trial had already suffered from severe Urinary Tract Infection caus....
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....s of Cr.P.C, particularly Sections 437 and 439 thereof and Section 43D(5) of UAPA, on the question of power available to the Court for granting bail purely on the ground of sickness and infirmity, we do not propose to go into the said question, as we are considering the prayers made in the writ petitions for release of the under trial on health grounds. We shall be dealing with the scope and ambit of power of this court, as a Constitutional Court, to consider the prayers made on behalf of the under trial by invoking our extraordinary writ jurisdiction. This is also because the documents pertaining to the health status have come on the record of this court in the writ petitions. The appeal will stand disposed of in the light of the order being passed in the writ petitions. QUESTIONS FOR CONSIDERATION: 35. In view of the above and the contentions raised on behalf of the under trial, as also the respondents, the following questions arise for consideration before this court: - A. Whether the High Court, as a Constitutional Court, can issue its prerogative writs under Article 226 of the Constitution of India for release of an accused from custody, even when regular bail a....
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....t under Article 21 of the Constitution of India, notwithstanding the hierarchical system of courts pertaining to the question of grant of bail under the Cr.P.C. as also the special Acts like the UAPA. This is particularly significant in view of the apprehension expressed on behalf of the respondents (noted in Question C above) that such expansion of rights under Article 21 of the Constitution of India would lead to a deluge of petitions before the High Court for release from custody, when the High Courts in writ jurisdiction are already overburdened. 37. Ordinarily, an accused, who is either an under trial or a convict, has to approach courts as specified in the Cr.P.C. and special statutes like UAPA for grant of bail within the four corners of the conditions specified in such provisions. The accused usually exhaust the hierarchy of courts while claiming that they need to be enlarged on bail. Such applications are made at various stages of criminal proceedings including applications made when investigation is underway or pending trial or postconviction. The parameters for grant of bail during all these situations are now well settled, not only where only the provisions of the Cr....
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....ily members as also friends was recognized as a right available to prisoners under Article 21 of the Constitution of India. The question of harassment suffered by delay in disposal of Mercy Petitions was the subject matter in Shatrughan Chauhan (supra) in the context of Article 21 of the Constitution. 40. In the case of Inhuman Conditions in 1382 Prisons, In re, (supra), the Hon'ble Supreme Court referred to the conditions in prisons in the context of human rights violations and the urgent need for reforms, including implementation of International Covenants, to which India is a signatory, particularly the United Nations Standard of Minimum Rule for Treatment of Prisoners, also called Nelson Mandela Rules. The Rajasthan High Court in Vaman Narayan Ghiya (supra), specifically considered the right of a prisoner to proper medical treatment in the light of his health conditions. The right of a prisoner to obtain proper medical treatment was specifically recognized as a right under Article 21 of the Constitution of India by holding that the status of a prisoner could not be a consideration and that the prime consideration had to be adequate effective medical treatment necessary to ke....
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....b (supra), it has been held categorically that statutory restrictions like the one found in Section 43D(5) of the UAPA per-se do not oust the ability of the Constitutional Courts to grant bail on the ground of violation of Part III of the Constitution of India. Much emphasis has been placed on the necessity to strike a balance between the rights of an accused in custody as against the rights of the Society at large, considering the serious offences for which such an accused person is proceeded against. In the said recent pronouncement, the Hon'ble Supreme Court has held as follows: "18. It is thus clear to us that the presence of statutory restrictions like Section 43D (5) of UAPA per se does not oust the ability of Constitutional Courts to grant bail on grounds of violation of Part III of the Constitution. Indeed, both the restrictions under a Statue as well as the powers exercisable under Constitutional Jurisdiction can be well harmonized. Whereas at commencement of proceedings, Courts are expected to appreciate the legislative policy against grant of bail but the rigours of such provisions will melt down where there is no likelihood of trial being completed within a rea....
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....erits under the provisions of special statutes like Section 43D(5) of the UAPA. 45. Thus, the position of law, as it emerges from various pronouncements of the Hon'ble Supreme Court and the High Courts, is that not only is a prisoner not deprived or denuded of his fundamental right guaranteed under Article 21 of the Constitution of India, when he is confined within the four walls of a prison but in special circumstances the walls of the prison can be breached to allow release of an accused from custody, subject to his being put to conditions which would act as a safety net to take care of the apprehensions of the State or prosecuting agency with regard to the availability of such a prisoner to face trial. 46. In the case of Ms. Purnima Upadhyay (supra), a Division Bench of this court specifically recognized that in rare and exceptional cases, the prerogative writ of this court under Article 226 of the Constitution could be issued for release of a prisoner from custody, notwithstanding the rejection of his bail application on merits. It was held in the said judgment as follows: "23. Having carefully considered the rival submissions, we are of the view that the proviso....
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....e there is a possibility of filing of petitions under Article 226 of the Constitution of India for release of prisoners from custody on health grounds, it cannot be said that this court ought not to consider cases where such grounds are genuinely made out. In this context, the judgments relied on behalf of the respondents in Gayatri Prasad Prajapati (supra), Rajesh Ranjan Yadav @ Pappu Yadav (supra), Asharam Bapu (supra) and Jaspal Singh Gill (supra), would not be of much assistance because those were cases where on facts the courts came to a conclusion that an order for release from custody could not be granted on medical and health grounds. But, none of the judgments in any manner indicate that in a deserving case, the Constitutional Courts cannot exercise power under Article 226 of the Constitution to consider prayer for release from custody on health grounds despite rejection of bail application on merits. Therefore, recognizing such a power in the Constitutional Courts does not amount to diluting power of the hierarchical courts pertaining to consideration of bail application on merits. 50. Taking any other view in the matter would amount to diluting rights available to pri....
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....of the under trial would be incompatible with his health condition and that it would amount to endangering his life. Since the findings to be rendered on the aforesaid Questions D, E and F are necessarily fact based, in the present case an inquiry in that behalf would necessarily require detailed perusal of the medical reports and other related documents placed on record. 53. In order to support the contentions raised on behalf of the under trial on the basis of his advanced age, sickness and health conditions, learned counsel appearing for the under trial placed emphasis on the medical reports pertaining to all the hospitals in which the under trial had to be admitted and treated from July, 2020, till date. The under trial was in and out of the Taloja Central Prison Hospital, the J.J. Hospital, the St. George Hospital and the Nanavati Hospital, till he was again admitted to the Nanavati Hospital as per the order dated 18/11/2020 passed by this court where his treatment has continued till date. A perusal of the documents and medical reports pertaining to the visits of the under trial to the aforesaid hospitals is necessary to appreciate the contentions raised on behalf of the ri....
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.... Hospital dated 16/07/2020, it was specifically recorded that the under trial had been admitted to J.J. Hospital for delirium, secondary to electrolyte imbalance, a month back and that presently, he was suffering from occasional tremors of upper limbs. 57. The under trial was kept in St. George's Hospital in view of his having tested positive for Covid-19 virus between 16/07/2020 to 19/07/2020. In the papers of St. George's Hospital recorded Transfer Summary, it was specifically stated that when the under trial was admitted to the J.J. Hospital, he was found to have hyponatremia and that in the J.J. Hospital, he had suffered a fall from the bed on 16/07/2020. There is no dispute about the fact that the under trial did suffer such a fall, as a result of which, he suffered cut on his forehead which had to be stitched/sutured. It was also recorded in the said papers of St. George's Hospital that sodium level of the under trial was 120 Meq/Lit. It is significant that in the said papers under the heading "Course in the Hospital and Discussion", after recording that the under trial had mild age related brain atrophy, it was recorded as follows: "Pt. was admitted in JJH on 14/....
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....stion of delirium/dementia with electrolyte imbalance did come up for discussion amongst the doctors and that brain atrophy was clearly found in the C.T. scan of the under trial dated 17/07/2020. 59. The papers of Nanavati Hospital, upon admission of the under trial on 19/07/2020, show that his history was recorded, including the fact that he had suffered wound on left forehead above eyebrow due to fall from bed and it was specifically recorded that no family members were available. It is significant that in the in-patient progress note dated 19/07/2020 of the Nanavati Hospital, it was recorded that although the under trial was received as a patient from the St. George's Hospital, apart from the Transfer Summary, no reports were handed over to the doctors at the Nanavati Hospital. Upon examination by the doctors at the Intensive Care Unit ("ICU") of the Nanavati Hospital, it was found that the under trial was disoriented and that there was generalized weakness. In the notes pertaining to examination conducted at the Nanavati Hospital in the ICU from 22/07/2020, it was recorded that the under trial was suffering from tremors, he was confused and at that time he was talking in an ....
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....e was no nursing staff to look after him and that only a co-accused person was provided as an attendant. It has been specifically asserted in an affidavit filed by the wife of the under trial in Criminal Writ Petition No.63 of 2021, that there was no facility in the Taloja Central Prison Hospital as there was no doctor available and that there were only three Ayurvedic practitioners to look after the ill and infirm inmates. It was further stated that there was no nursing staff and tasks of nursing were being performed by untrained under trial prisoners. There was nothing placed on record on behalf of the respondents to deny such specific allegations. 64. Therefore, it becomes clear that when the under trial was brought from the Nanavati Hospital to Taloja Central Prison and lodged in the hospital attached to it, despite the requirement of constant monitoring, no such facility was made available and there was absence of trained medical staff to look after the inmates like the under trial suffering from various health conditions at an advanced age. 65. It is in this backdrop that the under trial had filed Criminal Writ Petition No.64 of 2021 and his wife filed Criminal Writ Pet....
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....Infection with Brain Atropy with mild Supra Pictorial White Matter ischemia, age related Cerebellar and diffuse and Cerebral Cortical atrophy and in view of covid-19 care, Neurological Acute Encephalopathy. Regarding his Comorbidity and Advanced Age. And Treated Accordingly and Discharged on 27.08.2020. With advice Following Medications and Following Instructions Tab. Pan 40mg, Syp. Cremaffin plus 30ml, Ing. Clexane 0.4ml Tab. Atorva 40mg, Tab. Olimelt 2.5mg, Tab. Urotone 25mg, Tab. Supradyn, Tab. Ecosprin 150mg, INSTRUCTIONS BY NANAVATI HOSPITAL 1 Mr. P Varavara Rao has Improved Considerably from the time of admission and can be discharged with proper follow-up in view of underlying comorbid conditions and recurrence of Hyponatremia. 2 He needs to be closely monitored for development of warning sings (altered sensorium/giddiness/dysuria/fever etc) which would warrant evaluation by Neurologist/Urologist/ hysician as needed. 3 Post COVID followup with Chest Physician is advisable if any respiratory complaints arise, He was dingonst as covid-19 illness resolved, with u....
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....MAX LOTION LOCAL APPLICATION XERNIA CREAM FOR LEG LOCAL APPLICATION SYSSTANE EYE DROP APPLICATION 1-1-1-1 FLUTICON FT NASAL SPRAY 2 SPRAY EACH NOSTRIL 1-0- AMOROLFINE NAIL LA 1-0-1 Based on the above sequence of events and observations of the attending medical doctors, it is our medical opinion that as of today the Patient is hemodynamically stable. His Blood Pressure is well controlled on medications. His urological condition has been completely treated. The Patient doesn't require indoor medical management & is fit to be discharged. 69. During the course of hearing, this court again directed a report to be called from the Nanavati Hospital in view of certain statements made on affidavit on behalf of the under trial that he had suffered chest pain in the interregnum. The Nanavati Hospital submitted its Report dated 27/01/2021, wherein the sequence of events was recorded and it was stated as follows: "The Patient's vitals are stable and the medical treatment is being continued as-is . As of 27 th January 2021, the Patient is one the following medications: TAB ECOSPRIN 75 MG 0-1-1 TAB ATORVA....
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....th ailments i.e. piles, prostate enlargement, coronary artery disease, Oedema/Anasarca (swelling of feet), Hypertension, Sinusitis, Migraine and Vertigo. (b) The under trial suffered from deterioration of his health at the Taloja Central Prison in May, 2020 itself. He was admitted to the J.J. Hospital but the papers pertaining to the said period of his admission to the J.J. Hospital were not brought on record by the respondents. (c) The medical papers pertaining to the stay of the under trial in the J.J. Hospital in July, 2020 show that he had to be admitted due to deterioration of health, electrolyte imbalance as a result which he was showing signs of delirium. He was bleeding from rectum and he had Urinary Tract Infection causing urinary inconvenience and loss of control of urination. (d) The under trial suffered a fall from bed due to which he suffered a cut on his forehead, which had to be stitched/ sutured. He had difficulty in walking and he was disoriented. (e) The under trial was found to be Covid-19 positive due to which he was shifted to the St. George's Hospital, which was a recognized Government facility for Covid-19 patients. In the ....
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....ted 12/11/2020 submitted by the Superintendent of Taloja Central Prison, it has been recorded that the under trial is suffering from brain atrophy, age related cerebral cortical atrophy along with hypertension with BPH with recurrent hyponatremia and recurrent urinary tract infection. (m) There is no denial about the fact that the said bacterial infection suffered by the under trial pertains to a highly drug resistant bacteria having propensity of recurrent bouts. 73. It is in the backdrop of the above stated findings pertaining to the status of the health of the under trial that this court needs to answer the aforementioned Questions D, E and F mentioned in paragraph 35 above. There can be no dispute about the fact that the under trial is at an advanced stage of his life, aged about 82 years and suffering from various ailments noted above as also age-related degenerative conditions. It is significant that the medical reports and papers on record have indicated that the under trial is suffering from cerebral atrophy, which can be agerelated and that he has suffered from bouts of delirium induced by electrolyte imbalances. The papers also show that there is a reference t....
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....o take care of the under trial, given his advanced age and various health conditions. 76. In these circumstances, it is necessary to deal with the statement made on behalf of respondent-State that it is ready to keep the under trial at the J.J. Hospital in the Prison Ward. We are of the opinion that if the latest medical reports of the Nanavati Hospital dated 12/01/2021 and 27/01/2021 are to be accepted, the under trial would stand discharged as he is found to be fit for discharge and he would have to go back to Taloja Central Prison, indicating that sending him back to a Government Hospital cannot be countenanced. Even otherwise, there is substance in the contention raised on behalf of the under trial that sending him to the prison ward of the J.J. Hospital, a Government facility, would be fraught with the risk of inviting hospital acquired infections, particularly when the under trial has already suffered repeated bouts of drug resistant bacterial infection to his urinary tract and he also tested positive for Covid-19 virus. We find that respondent-NIA is also not justified in relying upon the said statement made on behalf of respondent-State that the under trial could be kept....
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....sent back to the Taloja Central Prison or the hospital attached to the said prison. There is no question of this court sitting in appeal over the opinion given by the Experts. By appreciating the entire material on record, we are of the opinion that the old age, sickness, infirmity and health conditions, as also the admitted sufferings faced by the under trial during incarceration including infection of Covid-19 virus, lead to a conclusion that upon his discharge from the Nanavati Hospital, placing the under trial back in custody would be incompatible with his health conditions and it would endanger his life. On an overall analysis of the material on record, we find that placing the under trial in custody or even in the Prison Ward of the J.J. Hospital upon his discharge, is incompatible with his health conditions and that it would run the risk of deterioration of his health to the point of no return. As rightly argued by learned senior counsel appearing for the petitioner, in Taloja Central Prison, few inmates died due to infection of Covid-19 virus and sizable number of prisoners were tested positive for Covid-19. It is also an admitted position that the persons convicted for ser....
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....A. Najeeb (supra), has categorically held in the context of sufferings of under trials where the proceedings before the trial court take years to be completed, that the rigours of provisions pertaining to grant o bail found in special statutes like the UAPA will melt down where there is no likelihood of the trial being completed within a reasonable time. Therefore, such a position of law is now well recognized and it can be relied upon where on facts, the court comes to a conclusion that continued incarceration of an accused like the under trial in the present case, would violate his right under Article 21 of the Constitution, considering the precarious health condition of such an accused. Even otherwise, in the present case also, the respondents have conceded that at least 200 witnesses will be examined by the prosecution. The chargesheet itself runs into thousands of pages. The charge is not framed yet, and consequently, the trial is yet to commence and, even after commencement of trial, it may take a long time to complete since the prosecution intends to examine at least 200 witnesses. 84. We are of the opinion that this court, as a Constitutional Court, cannot be a mute spec....
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.... in Criminal Writ Petition No.63 of 2021, wherein it has been stated that out of the said 24 cases, in some the under trial was acquitted, in some he was discharged and in other cases, either the Government withdrew the allegations or did not pursue the same. Therefore, as of today, the under trial is an accused in the case from which the present appeal and writ petitions arise and two other cases in which he is an accused. Merely because the under trial is an accused in the said cases pertaining to serious offences, his health condition cannot be ignored. 87. In this context, the contentions raised on behalf of the under trial pertaining to the question as to how much life of the under trial now remains also assumes some significance. Admittedly, the under trial is about 82 years old, suffering from health ailments noted above, requiring support from his immediate relatives in order to have some semblance of normalcy during whatever period of life now remains. The documents pertaining to the journey of the under trial to the aforesaid hospitals show that initially the relatives were not even informed about his health condition till he was admitted to the Nanavati Hospital on th....
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....nd proceedings before the trial court, indicates that the under trial was also involved in providing arms and ammunition for illegal and nefarious activities. 90. Thus, it is evident that the under trial stands accused of serious offences under the UAPA as well as IPC, which if proved, can lead to imposition of death penalty or punishment of imprisonment for life. In this situation, it becomes clear that even though this court at this stage is inclined to grant bail to the under trial for a specific period on medical grounds, based on findings rendered on Questions A to F above, such an order cannot be passed in favour of the under trial unconditionally. Question G is answered accordingly. 91. We feel that although the material on record does show that the health condition of the under trial is precarious, sending the under trial back to where he belongs, is fraught with the risk of his presence being used by those allegedly associated with him to seek to revive the aforesaid nefarious activities. This court cannot rule out such a contingency and, therefore, it would be appropriate to impose such conditions as would be necessary for ensuring that the under trial on his own or....