Rajasthan HC Permits Medical Care To Asaram In Jail Granted In Earlier Orders; Rejects Plea For Temperature-Controlled Ward, Pvt Ambulance

Rajasthan High Court has directed that all the facilities, accommodations, permissions and medical arrangements that were made available to the rape convict, Asaram, by the earlier orders of high court and Supreme Court, shall continue to remain operative in the same manner, after his appeal against conviction was dismissed by court.Asaram had moved the high court seeking restoration of certain facilities and accommodations which had earlier been extended to him pursuant to orders passed by the Supreme Court as well as the High Court, having regard to his age and medical condition so also for seeking some additional facilities. He claimed that after completion of criminal appeal, wherein high court had last month upheld his conviction and life sentence for sexually harassing and raping a minor in his Jodhpur Ashram in 2013, the facilities had been withdrawn. The bench of Justice Sanjeet Purohit referred to various orders of the high court and Supreme Court and noted that the facilities and accommodations extended to petitioner were not founded upon considerations of any status or privilege, but upon judicial assessment of his age, medical condition and requirements of treatment on the basis of material placed before the Courts from time to time. "Therefore, it is directed that all medical facilities, assistance, attendant support, and other accommodations permitted to the petitioner under the earlier orders passed by the Hon'ble Supreme Court and this Court shall continue to remain available to him, without interruption, for the entire period during which he remains in custody, subject only to any future modification that may become necessary upon a substantial change in his medical condition or upon orders passed by a competent court"It observed that while lawful imprisonment curtailed certain liberties, a prisoner did not cease to be a human being and thus State was under an obligation to ensure that conditions of his/her confinement were consistent with the rights flowing from Article 21.Furthermore, the Court also allowed bed and bedding to the petitioner in the prison considering his ailments affecting his ability to rise from a sitting or lying position. The petitioner has also been allowed to receive food and alkaline drinking water in accordance with the directions already operating in this regard. At the same time, the Court rejected the permission towards other demands that were raised by the petitioner's counsel. These included attendants of petitioner's choice; personal/private ambulance; separate temperature controlled ward for the petitioner; and daily visits by the petitioner's personal doctor for his medical supervision.For context, the Court was hearing a petition filed by Asaram, pursuant to upholding of his conviction in the rape case and his surrender before the jail authorities, seeking restoration of certain facilities that were earlier extended to the petitioner, along with certain new requests. It was submitted that the facilities that were provided to the petitioner during the pendency of proceedings, considering his advanced age and ailments, were withdrawn. It was argued that such facilities that were provided by the Court and the Supreme Court, were not based on any status or privilege, but judicial assessment of petitioner's age and medical condition. After hearing the contentions, the Court referred to the constitutional principles governing treatment of prisoners, and held that prisoner continued to have fundamental rights compatible with the confinement. And the obligation of the State was not merely to ensure custody of the prisoner but to preserve his life, health and dignity. “At the same time, the constitutional mandate to safeguard the rights of prisoners cannot be interpreted in a manner that undermines the necessity of maintaining institutional discipline and parity of treatment amongst similarly situated inmates. Exercise of judicial discretion must therefore ensure a balance between the existing framework of prison administration, on the one hand, and the constitutional obligation to ensure that incarceration does not result in avoidable impairment of a prisoner's life, health or dignity, on the other.”The Court further observed that such entitlement of a prisoner to receive necessary medical facilities was not contingent upon the procedural stage or did not get curtailed only because of disposal of an appeal. Accordingly, it was directed that all medical facilities, assistance, attendant support, and other accommodations that were permitted earlier to the petitioner under various orders of the Court and the Supreme Court shall continue uninterrupted for the entire period of his custody. In relation to certain additional in-prison facilities, the Court allowed the bed and bedding and the provision to receive food and alkaline water just like earlier. With respect to other demands the court said:1. Prayer seeking attendants of petitioner's own choice is...

Rajasthan HC Permits Medical Care To Asaram In Jail Granted In Earlier Orders; Rejects Plea For Temperature-Controlled Ward, Pvt Ambulance

Nupur Agrawal

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Nupur Agrawal

Rajasthan HC Permits Medical Care To Asaram In Jail Granted In Earlier Orders; Rejects Plea For Temperature-Controlled Ward, Pvt Ambulance

Nupur Agrawal

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Nupur Agrawal

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