MAKHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE case of Makhan Singh petitioner was approved by the Medical Board vide order Annexure P-6 dated 5.5.1989. However, the State Government referred the matter to Civil Surgeon, Patiala for clarification, who stated that the diseases from which the petitioner was suffering were treatable after operation. The State Government, therefore, rejected the case of the convict on the ground that diseases were treatable after operation and can be cured by surgery. The petitioner then challenged this order by filing Cr. W. P. No. 430 of 1989 which was disposed of by K. S. Bhalla, J. on 16 .11.1989 with the following observations :-

(2.) IN the return filed by the respondent State, it is maintained that the petitioner in pursuance of the orders of this Court in Cr. W. P. No. 430 of 1989 sent the petitioner to Rajindra Hospital, Patiala for treatment where he remained admitted from 8.1.1990 to 16.1.1990. He was again sent for treatment to Rajindra Hospital, Patiala on 21.3.1990 and again in April, 1990 he remained admitted for two days, i.e. 6th and 7th April, 1990 and the petitioner is being given treatment by the Specialists of Rajindra Hospital, Patiala. However, the petitioner refused to subject himself to operation. The report of House Surgeon, Surgery Unit II, Rajindra Hospital was also quoted in para 7-8 of the return.

(3.) I have heard the learned counsel for the parties. From the report Annexure P-6 of the Medical Board as well as from the conduct of the petitioner in not cooperating in subjecting himself to operation for the treatment of the above-referred ailments, it cannot be said by any stretch of imagination that the petitioner has become infirm or incapacitated due to above referred diseases. It cannot be said that the respondent. State had failed to comply with the order of this Court in C. W. P. No. 430 of 1989 in arranging surgical treatment as the petitioner was got admitted in Rajindra Hospital and he did not cooperate in subjecting himself to surgery.