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We do not trust the State: Supreme Court on Manipur government failure to take Kuki undertrial to hospital

Debayan Roy

The Supreme Court on Wednesday expressed shock over the fact that an undertrial at the Manipur Central Jail was not taken to hospital for medical examination, only because he belongs to the Kuki community[Lunkhongam Haokip v. State of Manipur and Another].

A Vacation Bench of Justices JB Pardiwala and jjal Bhuyan also made a scathing remark against the Manipur government.

"Sorry counsel, we do not trust the State (of Manipur). We do not. The accused was not taken to hospital because he is from the Kuki community? So sad. We direct him to be examined now. If the medical report reveals something serious, we will take you to task! Remember that," the Court warned.

Justice JB Pardiwala and Justice Ujjal Bhuyan

The Court in the order noted that trial was yet to commence and that the accused was apparently suffering from piles and tuberculosis. He had also complained to jail officials about extreme backache.

Further, the jail medical officer on November 22 last year had found tenderness in the lower lumbar spine of accused and recommended an X-Ray, which facility was not available at the jail.

From the bail order passed by the High Court, the Bench found that the accused was not taken out for medical examination at a hospital "since he was from Kuki community and that shifting him to hospital will be hazardous taking into account law and order situation."

Taking serious view of the same, the Court passed the following order:

"We direct the jail superintendent as well as responsible authority of State of Manipur to make necessary arrangements for his transportation to Gauhati Medical College and get him examined therein. The medical exam shall be as regards piles, TB, tonsillitis, abdominal pain as well as problems in lower lumbar spine."

It further directed the officials concerned to obtain a detailed medical report in this regard and place same before it on or before July 15.

"All expenses to be borne by the State," the Court said.

[Read Order]

Lunkhongam v. State of Manipur.pdf
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