AMIRBHAI GULABBHAI SAIYED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Shri M.R. Mengdey, learned Additional Public Prosecutor waives service of notice of RULE on behalf of respondent No.1. Present petition under Article 226 of the Constitution of India is preferred by the applicant convict through jail making a grievance that though he has developed cataract in the eye, he has not been given proper medical treatment and/or is not operated upon.

(2.) IN response to the earlier oral order passed by this Court, learned Additional Public Prosecutor has produced on record the medical report/ certificate of Medical Officer, Central Jail Dispensary, Ahmedabad dated 26/11/2010, which is directed to be taken on record and considering the same, it appears that the last treatment which was given to the applicant in the Civil Hospital was in the year 2008 and at that time, he was also send in Surgical Unit of Civil Hospital, Ahmedabad for treatment of occipital region of scalp swelling of nape of neck and he was also advised for surgery by expert Surgeon of Civil Hospital, Ahmedabad but the patient had refused for the same. It is also further reported for the complaint of redness and itching in eye that treatment has been given by Medical Officers of Jail Dispensary. Considering the report, it appears that primary treatment has been given so far as problem in the eye is concerned. Still, if the applicant " convict has some difficulty in eyes and he is of the opinion that cataract has been developed in the eyes, in that case, the jail authority to refer the case of the applicant to the concerned Civil Hospital i.e. opthalmology department and give medical treatment to the applicant. Therefore, in facts and circumstances of the case, jail authorities are hereby directed to refer the case of the applicant to the Opthalmology department of the Civil Hospital at the earliest and give full medical treatment to the applicant " convict. However, it is observed that this Court has not made any observation that no medical treatment has been given to the applicant. The aforesaid direction is issued so that some further medical treatment from the ophthalmology department of the Civil Hospital is given to the applicant at the earliest.