BEENA Vs. SUPERINTENDENT CENTRAL PRISON

JUDGEMENT

(1.) This habeas corpus petition is brought forth by one Mrs. Beena, wife of Annachi @ Arulraj, seeking a direction to the first respondent to permit the prisoner to have medical treatment of his choice in a private hospital at the cost of the petitioner since her husband is suffering from Cancer.

(2.) Affidavit filed in support of the petition is perused. The Court heard the learned Counsel appearing for the petitioner. The reports were called for as to the treatment of the said convict and the same are produced before this Court and they are perused.

(3.) It is contended by the learned Counsel appearing for the petitioner that the petitioner's husband is confined in Central Prison, Puzhal, Chennai. He is facing trial before the Additional District and Sessions Court, Special Court for E.C. and N.D.P.S. Act cases, Pudukottai along with other accused. He was arrested by the second respondent and remanded to judicial custody on 1.4.2009 and at present he is confined at Central Prison, Puzhal, Chennai. He is a Srilankan, aged 39 years. It was found medically that he was suffering from Cancer and was admitted in Government Hospital, Royapettah, Chennai in the convict ward on 18.4.2010 where it was actually found that he was affected by Cancer in the kidney. A bail application in Crl.M.P. No. 149 of 2010 filed before the Additional District and Sessions Court, Pudukkottai was also dismissed on merits by an order dated 20.4.2010. Even after it was found that he is suffering from Cancer in kidney, no proper treatment was given by the second respondent and he was not taken to the Government Hospital in time because of lack of escort facility.