Delhi High Court constitutes committee to improve medical facilities in prisons

The Delhi High Court has constituted a committee under the Delhi health secretary to suggest ways to improve healthcare facilities in Delhi’s prisons [Mr Amandeep Singh Dhall v Directorate of Enforcement]

Director General (Prisons), Chief Medical Officer of Delhi Prisons, two senior jail visiting judges of district courts, Secretary of the Delhi State Legal Services Authority as well as advocates Sanjay Dewan and Gayatri Puri will also be the committee’s members.

“The above committed will give suggestions, regarding improving the health care facilities in the prisons and ways to promote equal health care to all prisoners, within a period of one month to this Court. The committee will also specifically inform the Court as to whether facilities are available in the jail hospital to deal with emergency situations such as cardiac arrest, haemorrhages etc. as the first few minutes in such eventuality are crucial to save the life of a person,” the Court ordered.

Justice Swarana Kanta Sharma directed the Home Secretary and the Secretary, Health and Family Welfare of Delhi government to ensure that the healthcare requirements of the prison inmates are met and infrastructure is maintained in the prisons.

The doctors in-charge of the jail dispensaries were asked to furnish a list of requirements to the Chief Medical Officers who will then submit weekly reports to the Director General (Prison) who, in turn, will communicate the same to the visiting judicial officer.

The report shall also be furnished to the Secretary (Home), the Court added.

“The issues so pointed out in the report mentioned above, will be addressed and the necessary supplies, equipment, medicines will be ensured to be provided within two days. The machines/medical equipment, if not in order, will be repaired or a substitute will be provided immediately by the State.”

Justice Sharma passed the detailed directions while dealing with a plea filed by Delhi excise policy case accused Amandeep Singh Dhall seeking interim bail.

The Court was told that Dhall had recently underwent C6-C7 transforaminal epidural steroid injection and Right C6-C7 facet joint block under local anaesthesia and the doctors advised him to continue taking physiotherapy sessions.

However, since November 20, 2023, no physiotherapy sessions have been provided to him despite the daily visits to the OPD because the jail hospital does not have the requisite facilities.

The Court considered the case and observed that the report submitted by the prison dispensary points to a distressing reality regarding lack of proper medical care facilities in the jails.

“In this Court’s opinion, in cases of a convicted prisoner, contracting a disease or his health deteriorating and him being not extended health care is not part of his sentence. Similarly, in case of under trial prisoners, this fact becomes even more significant as some of the under trials may be suffering from serious diseases or may contract or suffer from serious diseases which may have the potential of being fatal or potentially disabling. Prisoners are human beings too and they retain some undeniable human rights which have to be acknowledged by every Court of law and the State.”

Ultimately, while the Court did not grant interim bail to Dhall, it ordered him to be admitted to Safdarjung Hospital and be given proper treatment there.

Senior Advocate N Hariharan along with advocates Tanveer Ahmed Mir, Vaibhav Suri, Shashwat Sarin and Ariana Alhuwalia appeared for Amandeep Singh Dhall.

Enforcement Directorate was represented through Special Counsel Zoheb Hossain and advocate Vivek Gurnani.

Advocate Prakash Airan appeared for the CBI. 

[Read Judgment]