Dismissed

Uttam Narayan Ilame, C/159 v. the State of Maharashtra through Its Secy Home Deptt., Mantralaya, Mumbai and Another

Bombay HC23 Aug 2012WP/345/2012

Case brief

AI extract

What is this about?

The Bombay High Court at Nagpur Bench dismissed a criminal writ petition challenging the adequacy of medical treatment and facilities at the Morshi Open Prison. The court examined the petitioner's complaints regarding dental treatment delays and ambulance driver availability versus the jail's affidavit confirming treatment received and facility existence.

What did the court decide?

The criminal writ petition was summarily dismissed with no orders as to costs.

Uttam Narayan Ilame, C/159 Vs the State of Maharashtra… — Service and Employment | Bombay HC (2012)

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23.8CWP345.12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL WRIT PETITION NO. 345 OF 2012 Uttam Narayan Ilame .vs. The State of Maharashtra & another

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Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

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Ms. Sonali Saware, Advocate (appointed) for petitioner. Mr. T.A. Mirza, A.P.P. for respondents,

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CORAM : P.V. HARDAS & M.L. TAHALIYANI, JJ.

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DATED : AUGUST 23, 2012.

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1] A communication addressed by the petitioner from jail has been registered as Criminal Writ Petition. When this petition was listed before us for admission, we had appointed Ms. Sonali Saware, learned Counsel to represent the petitioner in this petition.

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2] The grievance of the petitioner is that though he was suffering from toothache, no proper treatment was given to him. The petitioner also states that an ambulance is provided but there is no driver and at times for want of availability of the driver, a convict who is suffering from serious ailment does not get immediate medical aid. He has prayed for issuing certain directions for making the team of guards available for

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immediately taking a prisoner to the hospital for treatment.

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3] In response to the notice issued by us, the respondents have filed their affidavit-in-reply. In the affidavitin-reply, it is stated that the petitioner was suffering from dental problem since 15.5.2012. The Medical Officer at the Open Prison, Morshi had given treatment for toothache at the Jail Hospital on 16.5.2012. Thereafter the petitioner was referred to the Government Hospital at Morshi for dental problem. The Medical Officer at the Government Hospital, Morshi had advised the petitioner for removal of his tooth and since the further treatment of the petitioner was not possible at Morshi, as the petitioner was having swelling, the Jail Hospital had also given medicines to the petitioner to overcome the swelling. It is further stated that on 7.7.2012 the petitioner was sent to the Government Hospital at Amravati. The hospital at Amravati had again asked the petitioner to attend on 9.7.2012. The petitioner was accordingly treated at the Government Hospital at Amravati on 9.7.2012, 12.7.2012 and 16.7.2012. The affidavit-in-reply states that the petitioner has now fully recovered from the dental problem. The medical case papers and the report have been annexed to the affidavit-in-reply.

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4] It is further stated in the affidavit-in-reply that the post

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of Medical Officer at the Open Morshi Prison was filled by the State Government and the medical service is regularly provided at the Open Prison at Morshi. It is also stated that an ambulance is provided for taking the prisoners from jail to the other hospitals. At paragraph no.8 it is stated that there are five barracks and in each barrack about 30 to 40 prisoners are kept. There are four Sepoys and one Subhedar on night duty and they are fully alert and attend to any emergency which may arise in the night. It is stated that in case of emergency, the Sepoy immediately informs the Medical Officer of the Prison and after necessary check up the proper medicines are administered to the prisoners.

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5] In respect of the other allegations of the petitioner, it is stated that one Senior Clerk Vijay Thakare who was working at Open Prison at Morshi suddenly collapsed due to cardiorespiratory arrest. The said Vijay Thakare was immediately taken to the Sub-District Hospital at Morshi where he was pronounced dead. Post-mortem report shows that Vijay Thakare died due to Cardio-respiratory arrest. One convict by name Ishwardas Kirkate who was suffering from Hypertension with IHD was taking treatment from the Government Hospital at Morshi. On 21.5.2012 Ishwardas Kirkate collapsed suddenly and was removed to the Sub-District Hospital at Morshi where

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he was declared dead. The post-mortem report indicates that the cause of death is Coronary Artery Disease with evidence of left anterior descending artery more than 80% atherosclerotic blockage.

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6] In the additional affidavit, it is stated that there are two sanctioned posts of Driver for the ambulance and one post is vacant which would be filled in by the State Government as a request is made for filling up the vacant post of Driver. It is further stated that the respondents have made temporary arrangement by deploying a Guard, who is expert in driving, for driving the ambulance at night and in case of any emergency, the ambulance is available for taking the prisoners from the jail to the hospital.

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7] Having considered the submissions of the learned Counsel for the petitioner and the learned A.P.P., we do not find any merit in the present petition and the petition is, therefore, summarily dismissed with no orders as to costs.

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Fees payable to Ms. Sonali Saware, learned Advocate (appointed) for petitioner, quantified at Rs.1500/-.

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Copy of this order be forwarded to the petitioner in jail.

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Judge Judge J.

Uttam Narayan Ilame, C/159 v. the State of Maharashtra through Its Secy Home Deptt., Mantralaya, Mumbai and Another

Case brief

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Uttam Narayan Ilame, C/159 v. the State of Maharashtra through Its Secy Home Deptt., Mantralaya, Mumbai and Another

Case brief

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