Case Note & Summary
The petitioner, S. Mahalakshmi, filed a writ petition under Article 226 of the Constitution of India seeking a mandamus to direct the respondents to consider her representation dated 18.01.2025 and shift her husband, Mr. Saravanan @ Bomb Saravanan, a remand prisoner aged 40, from Stanley Government Hospital, Chennai, to Apollo Hospital, Greams Road, Chennai, for proper treatment. The respondents included the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, the Director General of Police & Director General of Prisons and Correctional Service, the Superintendent of Prison, Central Prison-I, Puzhal, and the Dean of Stanley Government Hospital. The learned Additional Public Prosecutor submitted a report from the Professor & HOD, Department of Orthopaedic Surgery, Stanley Medical College & Hospital, dated 22.01.2025, which indicated that the entry and exit wounds were healing well, a wound swab result was awaited, fasting capillary blood glucose was 120 mg/dl, vital parameters were normal, and the patient was being treated per standard guidelines and planned for discharge. In view of this report, the court found that the relief sought did not require further consideration. However, the court observed that if the doctor opined that further treatment was required, the prisoner could be referred to the Government Rajiv Gandhi Medical College and Hospital, Chennai, for speciality treatment. The writ petition was disposed of with no costs.
Headnote
A) Constitutional Law - Right to Health - Medical Treatment of Prisoners - Article 226 of the Constitution of India - The petitioner sought a writ of mandamus to transfer her husband, a remand prisoner, from Stanley Government Hospital to Apollo Hospital for treatment. The court relied on the report of the Professor & HOD of Orthopaedic Surgery at Stanley Medical College & Hospital, which stated that the patient's wounds were healing well and he was planned for discharge. The court held that no further consideration was required, but if needed, the prisoner could be referred to Government Rajiv Gandhi Medical College and Hospital. (Paras 1-4)
Issue of Consideration
Whether the court should direct shifting of a remand prisoner from a government hospital to a private multi-speciality hospital for treatment.
Final Decision
The writ petition is disposed of. No further consideration required in view of the medical report. However, if further treatment is required, the prisoner may be referred to Government Rajiv Gandhi Medical College and Hospital, Chennai. No costs.
Law Points
- Writ of mandamus
- medical treatment of prisoners
- reliance on government hospital report
- no right to choose private hospital
