NIRMALA KUMARI UPPUNGANTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, who is an undertrial prisoner, has instituted this petition under Article 226 of the Constitution of India to direct the Superintendent, Byculla District Women Prison, Byculla, wherein she is lodged, to shift her from Byculla Prison to Shanti Avedna Sadan, a hospice care centre, or any other appropriate hospice institute as she is terminally ill due to cancer. Additional and ancillary reliefs like directions for continuation of treatment at TATA Memorial Hospital, facilitation of communications and meetings with Satyanarayan Rani, her husband and co-accused, who is lodged in Arthur Road Central Prison, and lawyers, are also sought.

(2.) The facts which bear upon the prayers in the petition can be summarized as under :

(3.) In the backdrop of the aforesaid nature of the petition and the documents annexed with it, at the outset, we called upon the learned counsel for the petitioner to state as to whether the petitioner seeks the relief of bail on medical grounds. It was categorically submitted that the petitioner restricts the prayer to facilitate palliative care and does not press for bail. The petitioner amended the petition by incorporating averments to the effect that since there is nobody to look after her, except her husband, who is also incarcerated at Arthur Road Central Prison, the petitioner is not in a position to arrange for sureties, residential facility in Mumbai or make any other necessary arrangement.