DIWAKAR GUPTA ALIAS DIVAKAR GUPTA v. STATE GOVT OF NCT OF DELHI & ORS.
W.P.(CRL)/682/2026 · 2026-03-16
Saurabh Banerjee
Writ Petition (Criminal)body2026
DailyLaw.ai
[ 2026 DAILYLAW 4591 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4591 (DEL) · dailylaw.ai ]
Judgment text
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$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 682/2026
DIWAKAR GUPTA ALIAS DIVAKAR GUPTA .....Petitioner
Through: Mr. Nitesh Kumar, Adv.
versus
STATE GOVT OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Abhijeet Kumar, Adv. for Ms. Rupali Bandhopadhya, ASC for State with SI Sonika Chaudhary, PS.: Pandav Nagar.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R %
16.03.2026
1. By virtue of the present petition under Article 226 of the Constitution of India, the petitioner seeks issuance of a Writ of Mandamus directing the respondents to permit the petitioner to procure and consume prescribed medicines from outside the Jail strictly containing the same salt composition, dosage and quality as prescribed by the doctors of AIIMS Hospital along with ancillary reliefs.
2.
Learned counsel for the petitioner submits that the petitioner has been suffering from chronic Ataxia since 2012, which has led to serious difficulties in speaking, walking, eating, and behavioural functioning, along with depression and symptoms of dementia, for which he has been under continuous treatment at the Department of Neurology, AIIMS since
2015. The petitioner also suffers from orthopaedic ailments and kidney stones and is undergoing regular treatment at the Departments of Orthopaedics and Nephrology, AIIMS respectively. Therefore considering This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/03/2026 at 16:35:32
the serious and progressive nature of the petitioner’s ailments, the treating Doctors at AIIMS Hospital have prescribed a specific quality of high- dosage medicines, however, despite such prescriptions, the petitioner is being provided substitute medicines in jail having inferior salt composition, which is causing continuous pain and imbalance to him.
3. Per contra, Mr. Abhijeet Kumar, Advocate appearing on behalf of Ms. Rupali Bandhopadhya, ASC for the State submits that this Court may pass necessary directions considering the Status Report filed on record.
4. Considering that the petitioner has been undergoing regular treatment from the various departments of AIIMS, pending advice of the concerned Doctors at AIIMS, this Court is of the view that the petitioner be permitted to procure medicines containing the same salt composition, dosage and quality as prescribed by the doctors at AIIMS from outside the Jail and consume the same.
5. Further, it is clarified that the aforesaid order shall be subject to any subsequent advice/ opinion/ prescription rendered by the Doctor/s.
6. Accordingly, the present petition is allowed and disposed of.
SAURABH BANERJEE, J.
MARCH 16, 2026/bh This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/03/2026 at 16:35:32