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Sulinder Singh v. State of Punjab and Others

Punjab & Haryana HC23 May 2025CWP/9653/2025

Case brief

AI extract

What is this about?

Prisoner medical treatment writ; HIV-positive life convict; Central Jail Faridkot; PGIMER Chandigarh; protein rich diet; mandamus to jail authorities; revival of petition on non-adherence; FIR No.84/14.06.2007 SS 302/307/498-A/34 IPC; CWP-9653-2025; Kuldeep Tiwari; disposed/closed 23.05.2025.

What did the court decide?

Directions issued to jail authorities to provide the petitioner adequate protein rich diet during treatment and a mandamus to provide him all required medical care/treatment from PGIMER, Chandigarh as and when necessity arises; petition closed with liberty to seek revival on non-adherence. ¶36

Sulinder Singh Vs State of Punjab and… — Murder and Culpable Homicide | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, an HIV-positive life convict suffering multiple serious ailments (including Chronic Hepatitis C, irreversible liver cirrhosis, portal hypertension with ascites and bilateral tubercular pleural effusion) and lodged in Central Jail, Faridkot, should be provided specialised/super-speciality medical treatment from PGIMER, Chandigarh. +1 more

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Ratio / Principle

As per the fresh status report, the petitioner is now under continuous treatment at PGIMER, Chandigarh, where he is being provided apt medical care/treatment.

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Key takeaways

Since the petitioner is required to be provided a protein rich diet, the jail authority concerned is directed to ensure that he is provided adequate protein rich diet during the period of treatment.ratio¶28
A mandamus is passed upon the jail authorities concerned to ensure that the petitioner is provided all required medical care/treatment from PGIMER, Chandigarh, as and when necessity arises.ratio¶29
At this stage no further direction is required; the petition is ordered to be closed, with liberty to the petitioner to move an appropriate application for revival in case he fetches any grievance with regard to non-adherence to the directions issued by the Court.

Detailed headnote1 paragraphs

High Court of Punjab and Haryana (Kuldeep Tiwari, J.), CWP-9653-2025, decided 23.05.2025: An HIV-positive life convict (FIR No.84 dated 14.06.2007, Sections 302, 307, 498-A and 34 IPC, P.S. Sadar, Sri Muktsar Sahib), suffering multiple ailments including Chronic Hepatitis C, irreversible liver cirrhosis, portal hypertension with ascites and bilateral tubercular pleural effusion, and lodged in Central Jail, Faridkot, sought directions for treatment at PGIMER, Chandigarh. On a fresh status report (affidavit of the Superintendent, District Jail, Rupnagar) showing he was already under continuous treatment at PGIMER, the Court directed the jail authority to ensure adequate protein rich diet during treatment and passed a mandamus on the jail authorities to provide all required medical care/treatment from PGIMER, Chandigarh as and when necessity arises. No further direction was called for; the petition was disposed of (closed) with liberty to move for revival in case of non-adherence to the directions.

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117

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-9653-2025

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Date of Decision : 23.05.2025

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SULINDER SINGH .....Petitioner

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VERSUS

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STATE OF PUNJAB AND OTHERS .....Respondents

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CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

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Present : Mr. Deepinder Singh Virk, Advocate, for the petitioner.

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Mr.Pardeep Bajaj, DAG, Punjab.

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Mr. K.P.S.Virk, Advocate for respondent no.4-PGI.

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KULDEEP TIWARI, J.(Oral)

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This Court vide order dated 04.04.2025, had passed the

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hereinafter order:-

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The petitioner, who is HIV positive and has been sentenced to life imprisonment in FIR No.84 dated 14.06.2007, registered under Sections 302, 307, 498-A and 34 of the IPC, at P.S. Sadar, Sri Muktsar Sahib, has approached this Court for issuance of directions upon the respondents No.2 and 3 to get him treated from a specialized hospital, preferably from the respondent No.4-PGIMER, Chandigarh.

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The learned counsel for the petitioner submits that, the petitioner is suffering from multiple deadly diseases, which include HIV, Chronic Hepatitis C, Live Cirrhosis (irreversible), Portal Hypertension with Ascites, Tubercular Pleural Effusion (Bilateral), hence he requires extensive medical care, however, proper medical treatment is not available in the Central Jail, Faridkot, where he is presently lodged. Therefore, he prays that, the petitioner be provided treatment from a super speciality hospital like the PGIMER, Chandigarh.

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Notice of motion.

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Mr. Pardeep Bajaj, D.A.G., Punjab, waives service of notice on behalf of the respondents No.1 to 3.

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Subject to requisite process fee being furnished by the learned counsel for the petitioner, notice be issued to the respondent No.4.

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List on 28.04.2025, in the urgent list.

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In the meanwhile, the respondent no.3 is directed to ensure that, the petitioner shall get all possible treatment for his ailments and if he is

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DHARAM VIR 2025.05.30 12:30 I attest to the accuracy and integrity of this document

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CWP-9653-2025

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required to be taken to PGIMER, Chandigarh, for treatment, he shall be taken there within a week from today. 9. It is made clear that, on the subsequent date of hearing, no request for adjournment would be entertained on behalf of either side.” 2. This Court vide order dated 28.04.2024, directed the State to

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file a fresh status report, and in deference thereof, today a fresh status report, by way of an affidavit of Mr. Manjit Singh Tiwana, Superintendent, District Jail, Rupnagar, has been filed, which is ordered to be taken on record, with a copy thereof supplied to learned counsel for the petitioner.

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The status report ( supra ) voices that now the petitioner is under continuous treatment friom PGIMER Chandigarh, where he is being provided apt medical care/treatment.

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Since, as per the report, the petitioner is also required to be provided with protein rich diet, the jail authority concerned, is directed to ensure that he be provided with the adequate protein rich died, during the period of treatment.

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Further, a mandamus is passed upon the jail authorities concerned, to ensure that the petitioner be provided with all required medical care/treatment from the PGIMER Chandigarh, as and when necessity arises.

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Consequently, at this stage, no further direction is required to be passed and the instant petition is ordered to be closed . However, the petitioner is at liberty to move an apt application for revival of the instant

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DHARAM VIR 2025.05.30 12:30 I attest to the accuracy and integrity of this document

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CWP-9653-2025

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petition, in case, he fetches any grievance with regard to not adhering to

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the directions ( supra ) issued by this Court.

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7. Disposed of accordingly.