Kamal Kumari Devi vs State Of Jharkhand & Others

Sanjay Kumar Dwivedi, J

Mr. Rajendra Krishna, learned counsel for the petitioner and Mr. Kaushik Sarkhel, learned counsel for the respondent-State as well as Mr.

Akashdeep, A.C. to Dr. Ashok Kumar Singh, learned counsel for the RIMS.

This writ petition (criminal) has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation

arising due to COVID-19 pandemic.

Defects have already been removed.

Mr. Sarkhel, learned counsel appearing for the State submits that counter affidavit has been filed today.

Let it be procured and kept on record.

Reference may be made to the order dated 15.07.2021 which speaks itself as under:-

Mr. Rajendra Krishna, learned counsel for the petitioner undertakes to remove the defects by 19th of July, 2021.

This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation

arising due to COVID-19 pandemic.

This writ petition has been filed by the mother of Dr. Rajesh Mohanty praying therein to immediately allow the son of the petitioner to go to

Ravindra Nath Tagore International Institute of Cardiac Science situated at Mukundpur in Kolkata for coronary artery by-pass graft

surgery (CABG) as recommended by the doctors in Tata Main Hospital as well as the Medical Board consisting of team of experts headed

by Civil Surgeon, East Singhbhum as directed by the learned S.D.J.M, Jamshedpur.

The Coronary Angiogram Report of the son of the petitioner of the Tata Main Hospital has been brought on record by way of Annexure-4

page 54. Case summary of Dr. Rajesh Mohanty has been annexed with the said report. Dr. recommended the son of the petitioner namely,

Dr. Rajesh Mohanty to go to Ravindra Nath Tagore International Institute of Cardiac Science, Kolkata for coronary artery by-pass graft

surgery as early as possible.

In view of above facts, it is expected that during pendency of this writ petition the State shall take all endeavors to provide medical facility

to Dr. Rajesh Mohanty-son of the petitioner.

Mr. P.A.S. Pati, learned counsel for the State shall take instruction and assist the Court on the next date.

Post the matter on 20.07.2021.

Mr. Rajendra Krishna, learned counsel appearing for the petitioner submits that son of the petitioner has been examined in the Rajendra Institute of

Medical Sciences at Ranchi and the experts have come to the conclusion that son of the petitioner is required immediate surgery and that facility is not

available in RIMS. He further submits that son of the petitioner has been shifted to ICU in RIMS.

In view of such submission of Mr. Rajendra Krishna and looking to the gravity of situation as the life of son of the petitioner is under danger, call for a

report from the RIMS with regard to the present health condition of the son of the petitioner from the concerned Department where the son of

petitioner is being treated in RIMS.

Let this order be communicated to the Director, RIMS through FAX in course of day.

Medical report must be submitted before this Court by 10.30 a.m. on 22nd July, 2021.

On request, Mr. Akashdeep, A.C. to Dr. Ashok Kumar Singh, who usually appears on behalf of RIMS appeared, he will also communicate this order

to the Director, RIMS in course of day. Post this matter on 22nd July, 2021.