Delhi High Court Forms Committee For Improving Healthcare Facilities In Prisons, Says Every Inmate Has Inherent Right To Humane Treatment

The Delhi High Court on Friday formed a Committee for giving suggestions to improve the health care facilities in prisons in the national capital, observing that every prison inmate has an inherent right to life and humane treatment.

Justice Swarana Kanta Sharma said that the committee will also inform the court as to whether facilities are available in the jail hospital to deal with emergency situations such as cardiac arrest and hemorrhages, “as the first few minutes in such eventuality are crucial to save life of a person.”

The court directed the Delhi Government's Secretary of Health and Family Welfare Department to constitute the Committee.

The members will be Director General (Prisons), CMO of the Delhi Prisons, two senior Jail Visiting Judges of the District Courts to be nominated by the Principal District & Sessions Judge (Central District), Secretary of DSLSA and Advocates Sanjay Dewan and Gayatri Puri.

Justice Sharma also directed the said Secretary to ensure that the health care requirements of the prison inmates are met and adequate medical infrastructure in the jail premises is maintained for ensuring right of prisoners to appropriate medical care.

“This Court further directs the concerned doctors Incharge of respective Jail Dispensaries to furnish the list of requirements of adequate medical equipment which is essential for the medical care of the prison inmates, to the concerned Chief Medical Officers,” the court said.

It further directed the Chief Medical Officers of all the prisons to submit a weekly report to the Director General of Prisons, who has been asked to communicate the same to the Jail Visiting Judicial Officer or Judge concerned regarding inadequacies or urgent requirements.

The court was dealing with the pleas moved by businessman and director of Brindco Sales Private Limited, Amandeep Singh Dhall, who is an accused in the excise policy scam case. He sought interim bail for twelve weeks on medical grounds.

Justice Sharma said that Dhall's medical condition was such that if the medical treatment as suggested to him was not provided, the same may also lead to paralysis of his upper limb.

“In essence, recognizing and upholding the right to adequate medical health care for prisoners is not just a legal obligation but a reflection of a society's commitment to human rights, compassion, and equal treatment of all individuals, even in the challenging context of incarceration,” the court said.

Justice Sharma directed that Dhall be admitted to Safdarjung Hospital, which is a referral hospital as per Jail Referral Policy, for two weeks.

“However, the applicant shall continue to be in the custody of Superintendent of Jail concerned, and the Jail Superintendent concerned shall ensure that appropriate and adequate security is provided/deputed in the hospital since the accused will continue to remain in judicial custody though under treatment in the hospital,” the judge added.

Furthermore, the court observed that the case in question “serves as a reminder” that the quality of medical care within correctional facilities must be held to high standards, with a focus on the well-being and rehabilitation of inmates.

Justice Sharma said that the State Government has a moral and legal obligation to ensure that the healthcare needs of inmates are met with the same diligence and commitment as any other citizen.

Counsel for Petitioner: Mr. N. Hariharan, Sr. Advocate along with Mr. Tanveer Ahmed Mir, Mr. Vaibhav Suri, Mr. Shashwat Sarin and Ms. Ariana Alhuwalia, Advocates

Counsel for Respondents: Mr. Zoheb Hossain, Special Counsel for ED along with Mr. Vivek Gurnani, Advocate; Prakarsh Airan, Advocate for CBI along with Mr. Rajiv Kumar, Additional SP and Mr. Alok Sahai, DSP-CBI

Title: MR. AMANDEEP SINGH DHALL v. DIRECTORATE OF ENFORCEMENT and other connected matter

Citation: 2023 LiveLaw (Del) 1332

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