RAMA @ RAMDAS RAMCHANDRA UBALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 22nd June, 2009, the court had passed an order after hearing the counsel appearing for the parties and being totally dissatisfied with the affidavits filed on behalf of the State and particularly, keeping in view the fact that the human rights and constitutional protection available to the convicts were being violated with impunity.

(2.) The order is self-explanatory. Nothing has been done apparently by the State in compliance to that order. No report has been put up before the court. Considering that, we had expressed a very serious concern the committee should certainly have met and prepared the report within the shortest time as the issue related to the health of the persons detained in jail either as convicts or undertrials. We are sorry to note that the report much less even the minutes of the meeting have not been placed before us. The learned Additional Public Prosecutor appearing for the State upon instructions from the officer present in court submits that meeting was held but so far she has neither received the minutes nor report of the committee.

(3.) In the various orders of the court passed from time to time in this petition, it has been noticed with some emphasis that number of persons who were tested HIV Positive have developed other diseases for non-availability of proper treatment. The gravity of the disease was very high to the extent that some of the inmates even died during the pendency of this petition, petitioner apparently is stated to be one of them. In some other cases we have noticed that bail applications were moved before this court on the ground that the applicants were HIV Positive and despite their persistent request they have not been provided with any treatment and therefore, they have to pray for bail on that ground.