Allahabad: The Allahabad High Court has delivered a significant judgment, emphasizing that the State cannot refuse to provide adequate medical facilities to an accused in custody under any circumstances. This ruling came in response to a case where an undertrial prisoner was denied medical treatment due to the enforcement of the Model Code of Conduct for the 2024 Lok Sabha elections.
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Justice Samit Gopal made critical observations on the State’s responsibility toward prisoners’ health and underscored the unacceptability of denying medical care.
The court addressed a case where the applicant, Qayamuddin, an undertrial prisoner, was denied surgery despite a court order for appropriate treatment. The Jail Superintendent of the District Jail, Deoria, refused to provide the necessary treatment, citing a lack of available personnel due to the Code of Conduct for the Lok Sabha Election.
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In addressing this situation, the court remarked, “This is totally unacceptable. The accused is in custody under the supervision of the State. The State cannot, by any stretch, decline providing him with adequate medical facilities on any ground.”
The court highlighted the State’s duty towards the health of prisoners. Justice Gopal emphasized, “Needless to say, the care during illness and the provision of medical facilities to an undertrial is also the responsibility of the State, from which it cannot escape.”
Justice Gopal further noted that the reason provided by the Jail Superintendent was “totally uncalled for” and directed the District Magistrate and Superintendent of Police of Deoria to personally investigate the matter and file their affidavits within two weeks.
The court ordered, “They shall also explain under what circumstances the movement of the applicant for surgery was denied and who was responsible for this, as once surgery is recommended, it cannot be delayed based on the whims of officers but must be carried out as per the doctors’ advice.”
In conclusion, the court directed its office to communicate this order to the District Magistrate and Superintendent of Police of Deoria within two days for compliance.
Advocates Sarve Nazir and Zafar Abbas appeared for the applicant.
Sri Ajay Singh, learned A.G.A.-I, appeared for the State of Uttar Pradesh.
Sri Ashok Kumar Yadav and Advocate Brijesh Kumar Mishra appeared for the first informant.
Case title: Qayamuddin v. State of U.P.
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