Case Note & Summary
The petitioner, Ajaysingh Kuvarsingh Dahiya, a convict lodged in Mumbai Central Prison, filed a Criminal Writ Petition directly before the Bombay High Court seeking release on parole on the ground of his own illness. He claimed to be seriously unwell. The court called for a medical report, which revealed that the petitioner was suffering from multiple sclerosis and had been admitted to JJ Hospital, Mumbai on 3.3.2018. A medical report dated 11.11.2017 indicated that the petitioner had been advised Avonex injection every week, which was extremely important to prevent recurrence of symptoms. The petitioner's counsel stated that the injection costs about Rs. 10,000 (or Rs. 8,000 with discount), but the hospital authorities were asking the family to supply the injection and other medicines. The court found this situation unacceptable, noting that it is the State's duty to provide necessary medical treatment to prisoners. Considering the seriousness of the illness and the failure of the prison/hospital to provide the required injection, the court deemed it appropriate to grant parole for 45 days to enable the petitioner to obtain medical treatment. The court directed the petitioner to be released on parole for 45 days from the date of his release, subject to furnishing a personal bond of Rs. 25,000 with one or two sureties. The petitioner was also directed to report to the nearest police station once a week and to surrender after the expiry of the parole period.
Headnote
A) Criminal Law - Parole - Medical Ground - Multiple Sclerosis - Prisoner suffering from multiple sclerosis sought parole for treatment - Court held that the State is obligated to provide necessary medical treatment to prisoners, but when the required injection (Avonex) costing Rs. 10,000 per week is not provided by the hospital and the family is asked to supply it, the situation cannot be countenanced - Parole granted for 45 days to enable the petitioner to obtain medical treatment (Paras 1-6).
Issue of Consideration
Whether the petitioner, a convict suffering from multiple sclerosis, is entitled to be released on parole on the ground of his own illness.
Final Decision
The petition is allowed. The petitioner is directed to be released on parole for a period of 45 days from the date of his release, on his furnishing a personal bond of Rs. 25,000 with one or two sureties. The petitioner shall report to the nearest police station once a week and shall surrender after the expiry of the parole period.
Law Points
- Right to health
- Parole for medical treatment
- State's obligation to provide medical care to prisoners
- Multiple sclerosis as ground for parole
