Durga Oraon vs The State of Jharkhand and Others

I.A. No.3673 of 2011 (along with supplementary affidavits)

Referring to the news paper reports, Mr. Rajiv Kumar, learned counsel appearing on behalf of petitioner submitted that accused persons-S/Sri Madhu Kora, Kamlesh Singh, Bhanu Pratap Shahi and Vijay Joshi are although in judicial custody but one or other accused is escaping from Hospital. Moreover, after they were taken into custody, most of the time they have remained in hospital on the pretext of illness. They do all this, by exercising all types of influence and powers. The concern doctors and officers are also guilty in helping them. Even in serious cases, after operation or treatment, the patients are discharged from hospital but it is not known with what type of illness these accused are suffering which can be treated only in the hospital and not in jail. All the accused were fit before they were taken in custody and they were not hospitalized off and on. On most of the occasions, the said accused persons have not attended the Courts on the pretext of illness. They are delaying the investigation/conclusion of trial on one hand and are complaining about their custody on the other hand. This is a very serious matter. Not only the accused persons but the concerned jail authorities and the doctors have also interfered with the judicial custody and the process of Court. He lastly submitted that the actual needy and poor persons require treatment at R.I.M.S. but it is being misused by the accused persons, who have made it their second home.

Md. Mokhtar Khan, learned counsel appearing for the C.B.I. supported the said submission and submitted that the said accused persons are creating hurdles in the process of law.

Prima facie, we find force in the said submissions.

Mr. Rishi Pallav accepts notice on behalf of State including the I.G.(Prison), Jharkhand, Ranchi.

Issue notice to the said accused persons. Mr. Rajiv Kumar will serve one copy of this I.A. and supplementary affidavit for each accused persons on Mr. Rishi Pallav along with a copy of this order, who will get the notices served on the said accused persons through the I.G. (Prison), Jharkhand, Ranchi, and will file affidavit in proof of service.

Issue notice to the Director, R.I.M.S. and I.G.(Prison), Jharkhand, Ranchi who will file their respective affidavits personally. They will inform this Court about the periods, during which the said accused persons remained hospitalized and on how many dates they were not produced in Court on the ground of illness. They will also show cause as to why appropriate action be not taken against them for assisting the accused persons for remaining in hospital on the pretext of treatment, escaping from judicial custody from time to time, not producing them in Court on the pretext of illness on several dates and thereby interfering with the course of justice.

Counsel for the petitioner will serve copies of this I.A. to Mr. Rishi Pallav who will get it served on the I.G. (Prison) Jharkhand, Ranchi and the Director, R.I.M.S. If any counsel appearing for R.I.M.S. accepts notice, copies of this I.A. and supplementary affidavit may be served on him. Affidavit in proof of service be filed.

Till further orders Brigadier Rajbir Bhalwar, Commandant, Namkum Military Hospital, Namkum is requested to constitute a Medical Board consisting of three doctors. The I.G. (Prison), Jharkhand, Ranchi in consultation with the Chairman of the said Medical Board, will produce the said accused persons before the Medical Board who will furnish its report to the I.G.(Prison), Jharkhand, Ranchi preferably within a week from the date of receipt of a copy of this order. If the Medical Board is of the opinion that the treatment cannot be provided in jail and they can be treated only in R.I.M.S., such accused persons may continue in R.I.M.S. for the period of such treatment. The remaining accused persons should be shifted to Jail.

Let a copy of this order be handed over to the State counsel who will send the same to the Chairman of the said Medical Board.

Let a copy of this order be given to Mr. Rajiv Kumar, learned counsel for the petitioner.

All concerned are directed to cooperate the said Medical Board in obeying this order.

Mr. Rajiv Kumar orally prayed that the case should be monitored by this Court.

In our opinion, such prayer may be considered by the regular Bench on the next date.

Put up on 10th of January, 2012.