Calcutta High Court Imposes ₹2000 Fine On Jail Superintendent For Keeping Undertrial Businessman In Hospital Despite Contrary Medical Opinion

The division bench of Justice Ajay Kumar Gupta and Justice Joymala Bagchi observed:

“The present case involves a public servant who is the head of a correctional home. He chose to wilfully violate a judicial order and extend the comfort of hospitalisation to an undertrial who did not require institutional medical treatment. This was done not on a genuine belief that the undertrial was ailing. None of the medical officers opined that the undertrial required hospitalisation. Even the medical officer attached to the jail hospital did not opine that institutional treatment of the undertrial was necessary.”

According to the order passed by the court, One Vikas Mishra, an influential businessman, was re-arrested on 09.12.2021 in connection with investigation regarding illegal pilferage of coal by the coal Mafia in collusion with ECL officials in the coal mines of Asansol. Immediately after his arrest, he was admitted to a private hospital. Thereafter, he was shifted to Asansol District Hospital and therefrom to SSKM Hospital, Kolkata.

During the hearing of the bail petition of the accused before the High Court, the counsel for CBI argued that the undertrial had evaded interrogation on the excuse of ill-health and hospitalisation.

The High Court vide order dated 29.08.2022 directed that the accused shall be examined by the medical expert and after getting the permission from the expert, the accused shall be interrogated in jail.

It was further directed by the court that the accused shall be medically examined periodically not later than over 48 hours and shall not be shifted to hospital, save and except the opinion of the medical expert.

The court observed that on 31.08.2022 the accused was examined by a Chief Medical Officer who opined that the accused was fit for interrogation and did not require hospitalisation.

However, immediately after interrogation, without any medical opinion to the contrary, Mishra was shifted back to the hospital. He continued to remain in the hospital and was not physically produced before the jurisdictional court on 03.09.2022. 

The court noted that the accused was again examined on 06.09.2022 by the medical expert who said that the accused-undertrial was fit for further interrogation.

"Still then, Vikas Mishra continued to enjoy the protection of the Superintendent and remained in the hospital," it observed.

Therefore, the court issued rule of contempt against the Superintendent after which the accused was shifted to the jail ward.

“At no point of time any medical expert had opined that the undertrial required hospitalisation. Notwithstanding such fact, the Superintendent chose to keep the undertrial in hospital instead of the jail ward. This is a brazen violation of the directions given by this court in its order dated 29.08.2022,” said the court.

The court further held that none of the rules of the West Bengal Jail Code cited by the advocate of contemnor justify the conduct of the Superintendent to avoid the clear mandate of the Code that the undertrial be not shifted for institutional treatment in jail hospital or any other hospital without express medical advice for institutionalised treatment.

“What prompted the Superintendent to act contrary to the order of this court is not too far to seek. The undertrial appears to be an influential businessman. His special treatment was, therefore, a matter which weighed more in the mind of the Superintendent than his duty to comply with the solemn order of this court” said the court.

The court further held that the purpose of avoiding the court order is not innocuous but prompted with the ulterior motive to give "special treatment to an undertrial".

“The contemnor holds such a responsible position. The post he adorns requires a high degree of responsibility and deference to the rule of law. He chose to ignore the call of duty and ensured selective special treatment to an undertrial in the face of clear and unequivocal injunctions to the contrary. If the Court turns a blind eye to such blatant violations by a Head of a correctional home, it shall have far reaching consequences on jail discipline and create adverse impact on the inmates with regard to fair and equal treatment under the law.” the court said.

The court also observed that the belated apology given by the contemnor was a mere excuse to avoid the judicial process and was neither genuine nor prompted by any sense of contriteness.

"Balancing the aggravating and mitigating factors, we direct the contemnor viz. Superintendent, Presidency Correctional Home viz. Sri Debashis Chakraborty to pay a fine of Rs.2,000/- (Rupees Two thousand only), in default, to suffer simple imprisonment for seven days. The contemnor shall deposit the fine with the Registrar General, High Court, Calcutta by 25.02.2023," said the court.

Case Title: In Re Vikas Mishra CRR 3519 of 2022

Citation: 2023 LiveLaw (Cal) 49

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