Habeas Corpus petition filed by a father seeking direction to admit his injury-detained son in a private hospital. The High Court directed admission to a specific public hospital instead.
Direction to admit accused at Government Omandurar Medical College and Hospital, Chennai for treatment and management.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2018
CORAM:
THE HON'BLE Dr. JUSTICE S.VIMALA AND
THE HON'BLE MRS. JUSTICE S.RAMATHILAGAM
Habeas Corpus Petition No.1239 of 2018
N.Parthasarathy ... Petitioner
versus
1. State, Represented by its,
Home Secretary to the Government of Tamil nadu,
St. George Fort, Chennai 600 009
2. The Director General of Police,
Dr. Radha Krishnan Salai, Mylapore, Chennai
3. The Commissioner of Police,
Chennai City, EVK Sampath Salai,
Vepery, Chennai
4. The Superintendent, Central Puzhal
Prison – II, Puzhal ... Respondents
Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Habeas Corpus, to direct the respondents to permit the detenue P.Manikandan to admit in any private hospital for further treatment for the fracture sustained by him.
For Petitioner : Mr. V.Devendhiran For Respondents : Mr. R.Prathap Kumar, APP., --O R D E R (Order of the Court was made by S.Vimala, J.,)
This petition has been filed by the petitioner / father seeking direction to the respondents to admit the detenue / accused, P.Manikandan, in any one of the private hospitals for further treatment in respect of the fracture sustained by him in the right leg and right hand.
Additional Public Prosecutor would be carried out in letter and spirit.
Sd/Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
srk
To
1. The Home Secretary to the Government of Tamil nadu,
St. George Fort, Chennai 600 009
2. The Director General of Police,
Dr. Radha Krishnan Salai, Mylapore, Chennai
3. The Commissioner of Police,
Chennai City, EVK Sampath Salai,
Vepery, Chennai
4. The Superintendent, Central Puzhal
Prison – II, Puzhal, Chennai
5. The Public Prosecutor, High Court, Madras.
+2cc to Mr. V.Devendhiran, Advocate in sr.no.44756
H.C.P.No.1239 of 2018
CS/16/07/18
2 issues framed by the court
Whether the petitioner, as father of a detenue, is entitled to direct admission in a private hospital for further treatment of a fracture sustained in captivity.
Whether government hospitals provide adequate facilities for surgery and post-operative care compared to private hospitals in this case.
1 provisions across 1 enactments
N.Parthasarathy
State
S.VIMALA
S.RAMATHILAGAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
