The right to life unconditionally embraces subtests: Supreme Court | India News
NEW DELHI: The Supreme Court has ruled that a prisoner under trial right to life it does not diminish one bit when he is in jail as accused of a crime and says that the health problems of that person should be taken care of by the state and, if not, by the judiciary.
This decision was handed down by a CJI NV Ramana court and judges Surya Kant and AS Bopanna, who ordered the Uttar Pradesh government to change the arrested journalist Siddique The layer to a government hospital in Delhi. The UP government had opposed the measure tooth and nail saying that admitting Kappan to any of Delhi’s hospitals, all of which are full of Covid patients, would result in denying a critical Covid patient facilities.
The ruling extends the judgment of the 2019 CS in the case ‘X vs Maharashtra’ in which it had said: “The right to dignity of a defendant does not dry with the ink of the judges, rather, it subsists beyond the prison gates and operates until his last breath. ”
State Attorney General Tushar mehta He had argued that Kappan is being provided with adequate medical treatment, as is the case for all other inmates at the prison and, if necessary, more facilities will be offered.
The bench took note of the serious apprehensions raised by Kerala Union of Worker Journalists and Kappan’s wife on the defendants’ deteriorating health, saying: “The most precious fundamental ‘right to life’ unconditionally encompasses even a minor trial. The consideration made here takes into account the peculiar facts and circumstances of this case. The simple fact that the other inmates in the prison are receiving similar treatment to the detainee does not have to deter us ”.
“… Due to the apparent precarious state of health of the detainee, it is necessary to provide him with adequate and effective medical assistance and allay all fears related to his health. It would be in the interests of justice to change Kappan to Ram Manohar Lohia Hospital or AIIMS or any other government hospital in Delhi, ”said the bank.
The bank said: “As soon as Kappan recovers and the doctors certify him as fit for discharge, they will move him back to Mathura cell”.