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Princess Ntombifuth v. the State Rep by Its

Madras HC3 Apr 2019HCP/406/2019

Case brief

AI extract

What is this about?

This court issued a writ of habeas corpus directing the respondent to provide periodical medical treatment and a special diet to a foreign national prisoner confined in Special Prison for Women, Chennai, considering her HIV status and medical requirements.

What did the court decide?

Directed respondent to provide periodical medical check-ups, required treatment, and special diet to the petitioner.

Princess Ntombifuth Vs the State Rep by Its — Pension and Retirement Benefits | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.04.2019 CORAM: THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.406/2019

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Princess Ntombifuth .. Petitioner

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vs.

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The Superintendent Special Prison for Women Puzhal, Chennai 600 066. .. Respondent

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Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondent to give proper medical treatment at Rajiv Gandhi General Hospital, Chennai to the petitioner namely Princess Ntobiuth, remand prisoner No.2687, aged about 50 years, now confined in Special Prison for Women, Puzhal, Chennai-600066 by considering the petitioner's representation dated 01.11.2018.

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For Petitioner .. Mr.P.G.Perumal Pandian

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For Respondent .. Mrs.V.Sharadha Devi, Government Advocate [Crl.Side]

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(Order of the Court was made by M.SATHYANARAYANAN, J)

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Heard the submissions of the learned counsel for the petitioner and Mrs.V.Sharadha Devi, learned Government Advocate [Crl.Side] appearing for the respondent/State.

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2 This Court, in continuation and in conjecture with the earlier order dated 19.03.2019, is passing the following order.

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3 The primordial grievance expressed by the learned counsel for the petitioner is that the detenue is a South African National and she is facing trial for the alleged commission of the offence punishable under NDPS Act and in the light of her physical condition, she requires periodical and continuous medical treatment as well a special diet.

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4 The Medical Officer attached to the Special Prison for Women, Puzhal, Chennai-66, has sent a communication dated 09.03.2019 to the Superintendent, Special Prison for Women and

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https://hcservices.ecourts.gov.in/hcservices/

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it is relevant to extract the contents of the same:-

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''Sub: Medical Report of Princess Ntombi Msomi RP 2687

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Ref:1.Letter No.2687/R1/2019 from the office of Superintendent, Special Prison for Women, Puzhal dated 26.02.2019.

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2.HCP.No.406 of 2018 Hon'ble High Court of Judicature at Madras [Special Original Jurisdiction] Hon'ble No.406/2019.

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Princess Ntombi Msomi RP 2687, aged 50 years was admitted into Special Prison for Women on 28.01.2017. On admission, she revealed to be a PLHA [person Living with HIV and AIDS] on ART and systemic Hypertension on medications.

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During her stay in prison, she is on continuous treatment with Anti Retroviral Therapy from ART Centre, Stanley Government Hospital.

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She is on regular check up at ART Centre, Stanley Government Hospital and Drugs issued. She is on CD4 Court monitoring at regular intervals [last CD4 count done on 08.09.2018652-cells].

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She is on Special Diet [Milk, Egg, Dhall, Vegetables, Banana, Bread since admission till date].

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Her weight on admission was 105 Kg. Her current weight on 02.03.2019 is 101 Kg. [Wt.Loss of 4 Kgs over a period of 4 years is not significant].

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Thanking You

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Yours sincerely, Sd/-------''

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5 The learned Government Advocate [Crl.Side] would submit that at periodical intervals, the detenue is being taken to Government Stanley Medical Hospital and her health is being monitored continuously and if necessity and urgency requires, she may be taken to Rajiv Gandhi Government General Hospital, Chennai-3 as well as to Omandurar Multi Speciality Hospital, Chennai-2 and her need as to the special diet would also be looked into and as of now, she is provided with egg, dhall, vegetables, bread, banana and non-vegetarian food twice a week as per the Prison Norms.

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6 The said submissions, on instructions, is placed on record.

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https://hcservices.ecourts.gov.in/hcservices/

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7 It is to be pointed out at this juncture that Article 21 of the Constitution of India is equally applicable to prisoners also and though the detenue is a Foreign National, she is a prisoner and as such, she is entitled to the said protection.

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8 In the light of the contents of the letter of the Medical Officer, Special Prison for Women, Puzhal, Chennai-66 dated 09.03.2019, the detenue shall be given periodical medical check up and required medical treatment and she shall also be provided with the diet as of now [or] a better diet also.

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9 The Habeas Corpus Petition is disposed of subject to
the above directions.
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
AP
To
1.The Superintendent
Special Prison for Women
Puzhal, Chennai 600 066.
2.The Public Prosecutor,
Madras High Court, Madras.
H.C.P.No.406/2019
SPD(CO)
CSL/07.05.2019

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https://hcservices.ecourts.gov.in/hcservices/

Princess Ntombifuth v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

Princess Ntombifuth v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

What the court decided

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