1 2025:CGHC:7247-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 52 of 2025 Chandra Prakash Jaiswal S/o Babu Lal Jaiswal Aged About 52 Years R/o 178, Ward No. 03, Durpa Road, Korba (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through, Police Station Anti-Corruption Bureau/economic Offences Wing (Acb/eow) Raipur, District Raipur, Chhattisgarh 2 - The Superintendent Central Jail, Raipur (Chhattisgarh) 3 - Superintendent Dr. Bhimrao Ambedkar Memorial Hospital, Raipur, District Raipur Chhattisgarh 4 - The Director And Chief Executive Officer All India Institute Of Medical Sciences, Raipur District Raipur (Chhattisgarh) ... Respondent(s) For Petitioner(s) : Ms. Juhi Jaiswal, Advocate For Respondent(s) : Dr. Saurabh Pande, Deputy Advocate General and Mr. Raja Sharma, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 10.02.2025 MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.02.10 17:16:31 +0530 2 1. Heard Ms. Juhi Jaiswal, learned counsel for the petitioner. Also heard Dr. Sourabh Pande, learned Deputy Advocate General for respondents No. 1 to 3 and Mr. Raja Sharma, learned counsel for respondent No. 4. 2. The petitioner has filed this petition praying for following relief:- “10.1 That the Hon'ble court may kindly be pleased to call for the entire medical Records, tests reports and any other relevant documents pertaining to present petitioner's heath conditions which this Hon'ble Court may deem fit. 10.2 That the Hon'ble Court may kindly issue directions for appointing a Medical Board for assessing the medical condition of the present undertrial petitioner on the basis of facts and grounds pleaded in the present petition. 10.3 That this Hon'ble Court may kindly be pleased to issue direction to respondent no. 1 and 2 to take the present petitioner at AIIMS, Raipur (C.G) for facilitating adequate treatment. 10.4 That this Hon'ble court may further be pleased to pass any other order in favor of petitioner as it may deem fit and proper under the facts and circumstances of the case 3. Learned counsel for the petitioner submits that right to health under the right to life is guaranteed by Article 21 of the Constitution of India and that this Hon'ble court as a Constitutional Court ought to exercise its prerogative writ to direct the respondent authorities to provide necessary and regular medical treatment at competent hospitals and facilities, in view of his 3 health condition. The respondent state and jail authorities have failed to provide basic medical facilities to the present undertrial petitioner, which amounted to cruelty and that the continued incarceration of the undertrial is incompatible with his health condition, thereby violating his right to health under Article 21 of the Constitution of India. On several occasions the respondent no. 2 had denied to take the present petitioner for regular checkups on account of lack of guards or police bal which shows the incompetence on the part of the respondent no. 2 in handling such sensitive matter relate to health of an inmate. The said fact was brought before the Learned Special Court as well and the respondent authorities were directed to take the present petitioner to hospital for necessary treatments but the said order was not followed in true sense. Even though the prisoner may be kept in custody in terms of procedure established by law, such a person is not denuded of the fundamental rights guaranteed under Part III of the Constitution. It was submitted that even within the four walls of the prison, the right to life of a prisoner stood guaranteed under Article 21 of the Constitution. The medical condition like sudden loss in weight and blood, anaemia followed by hemorrhage in eye are serious medical conditions which can lead to permanent nerve damage. Surgery has been referred by respondent no. 03 but no arrangements have been made to take the petitioner for surgery. And such delay in surgery is also causing further complications. The petitioner has no previous criminal antecedents and only a 4 businessman who is the sole bread earner of the family with daughters going to college. He has been unnecessarily treated as hardened criminal. It is evident from the deteriorating condition of the present petitioner, that whatever primary treatments have been given to him have proved to be inefficient and inadequate and the same requires immediate attention. The petitioner being left with no other remedy, has approached this Hon'ble Court praying for its benevolent indulgence. 4. Learned counsel for the respondents submits that in compliance to the Court’s order dated 29.01.2025, the petitioner was taken for treatment to MECHAHARA, Raipur on 31.01.2025 through the police force received from the Reserve Police Center Raipur, where the prisoner was admitted to the Surgery Department for examination and treatment. Further, the report regarding the treatment of accused Chandraprakash Jaiswal alias Sanjay, son of Babulal Jaiswal, has been received from the Jail Medical Officer, Central Jail, Raipur and after ensuring that there is no seriousness in his ailment, he was sent back to the jail. Various medical documents and admission receipt of the petitioner in the hospital are produced along with the petition. 5. To which, the learned counsel for the petitioner states that she may provided the medical treatment reports of the petitioner, so that if any further treatment is required, he can get the same accordingly. 5 6. In view of the above facts and circumstances, the present petition stands disposed of, with direction to the counsel for the respondents to provide the medical treatment reports of the petitioner, leaving it open to the petitioner to take the medical treatment, emergent for him. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet