GOPA ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. A. L. Saha, learned counsel appearing for the petitioner as well as Mr. T.D. Majumder, learned Addl. Government Advocate for the State-respondents.

(2.) By this Misc. application, the petitioner prays for a direction to the respondents to get treatment of her son Shri Snehangshu Roy, an under trial prisoner in connection with West Agartala P.S. Case No. 97 of 2008, by the Doctor of his own choice and/or for a direction to the State-respondents to refer her son to the Medical Board with a specific direction to give opinion regarding the effect of providing no treatment to the accused-Shri Snehangshu Roy from 18.05.2008 to 21.05.2008. The petitioner also stated that the fundamental right of her son i.e. accused-Shri Snehangshu Roy, has been violated by not arranging appropriate health care timely and as a result, caused total damage of his one ear and partial damage of his another ear as well as loss of his youthful strength and vigour while in custody and alleged that her son is still suffering from severe bodily pain in general and pain in his ears and testis in particular.

(3.) This Court, passed an order dated 30.03.2009 in the connected writ petition W.P.(C) No. 92 of 2009, directing the State-respondents "to constitute a Medical Board in which the Head of the E.N.T. Department, AGMC and G.B. Panth Hospital should be a member for examination of the petitioner's son. The Superintendent of Central Jail, Agartala is directed to produce the said Snehangshu Roy before the Medical Board for his examination. The entire exercise should be done within a period of ten days from today and after examination of the petitioner's son, the Superintendent of Central Jail, Agartala shall furnish the report of the Medical Board before this Court by 13.04.2009 positively".