SUNDHARESWARI Vs. THE SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) MRS .R.Anitha, learned Addl. Government Pleader, takes notice on behalf of the respondents. By consent, the writ petition is taken up for final disposal at the time of admission itself. 3. THE petitioner is the wife of the prisoner, who is sentenced to undergo life imprisonment for the offences under Section 302 read with Sections 34, I.P.C. and 148 of I.P.C., in S.C.No.10 of 2001 on the file of the Principal District Judge, Salem. The sentence was confirmed by this Court in C.M.A.No.807 of 2001 and it is stated that the accused filed S.L.P before the Supreme Court and the same is pending. The husband of the petitioner is in jail for the past six years. It is stated by the petitioner that her husband suffered from ailment in both of his eyes and he was admitted in the Government hospital and despite treatment given to him in the Government hospital, he is not able to get the eye vision in one of his eyes. When she visited her husband in the prison recently her husband informed her that he is loosing vision in both the eyes and he apprehends that may become blind and therefore, the petitioner made representation to the second and third respondents on 7.5.2009 seeking permission to provide treatment to him at her own cost. But, there was no reply from the respondents and therefore, she has filed the above writ petition for seeking permission to provide expert treatment to her husband in the Aravind Eye Hospital at Madurai. It is submitted by the husband of the petitioner that he is in the Central Jail, Madurai, and according to the petitioner, he is loosing his eye sight and he may become blind. 4. IN a similar circumstance, this Honourable Court in W.P. (MD) No.3712 of 2009 dated 20.4.2009 directed the prisoner to take treatment in the Meenakshi Mission Hospital at Madurai. As the under -trial prisoner is having eye ailment and he wants to get treatment in Aravind Eye Hospital at Madurai at his own costs, in my opinion, he is entitled to get the treatment. 5. ACCORDINGLY , the Superintendent of Central Prison, Madurai, is directed to provide sufficient escort to the under -trial prisoner to be taken to the Aravind Eye Hospital at Madurai. The patient has to be examined by the doctors of the Hospital as well as the Department of Eye and in case, the under -trial pensioner has to be admitted in the hospital for treatment, a report to that effect has to be given to the Superintendent of Central Prison, Madurai, and the prisoner should be permitted to take treatment as in -patient in the said hospital. It is needless to mention that sufficient security of the under -trial prisoner has to be ensured by the third respondent through police. The third respondent, Superintendent of Central Prison, Madurai, is directed to comply with this order forthwith on production of a copy of this order. After such treatment, the under -trial prisoner has to be taken to the Central Prison, Madurai, forthwith. 6. THE writ petition is disposed of with the above directions. Con -sequently, connected Miscellaneous Petition is closed. No costs. Petition disposed of.