RAM DEO RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Chief Justice and some other Judges of this Court read a news item in the Hindustan Times published from Patna in the morning edition of May 19, 1989 captioned "In the chains even in coma" Having regard to the contents of the news item as published, which shall be stated hereinafter, judicial notice was taken of the matter and a Special Bench was constituted at 10.30 A.M. this morning for taking proper steps and issuing proper directions to the State and/or its officials concerned in the matter and this Criminal Writ Jurisdiction Case under Article 226 of the Constitution was duly initiated. When the learned Advocate General was noticed and he was being impressed upon by the Bench with regard to the gravity and urgency of the situation, Mr. Ashok Priyadarshi came with a petition, which has been kept as a part of the proceedings of this Court (although that has been described as a Criminal Writ Jurisdiction Case) and shall form a part of the record of this case. Mr. Shyama Prasad Mukherjee, a senior Advocate of this Court, appeared amicus curiae to assist this Court and to see that the justice be delivered to the deserving party.

(2.) Shortly stated the facts are these. One Sri Ram Deo Rai aged about 56 years is said to have been in coma for the last 45 days after he was shot through his head by some miscreants in his native village in Chapra. The report further states, which is also borne out by the petition filed by Mr. Priyadarshi, that the police have now put him in chains in Indira Gandhi Central Casualty Ward of the Patna Medical College Hospital under the cares of neurosurgeons. Ram Deo Rai is said to be unaware of what is going around him. His bed head ticket shows that he is suffering from "Haemaplegia and aphasia and sub -conjunctional haemorrhage". He had been lodged in the hospital under the police guard according to one Professor Arun Kumar Agrawal and he has been chained to the foot of the bed there. It was against the rules, only more so when a patient was in coma. The policemen who should have been on guard, the newspaper further shows, according to the doctor, were also absent. Dr. Narendra Prasad, head of the department of the Surgery, Patna Medical College Hospital refused to treat the patient with handcuffs on. The police guard was not traced even after an hour of search. The Chief Casualty Officer was informed by the doctors to take immediate steps to release the patient from the extra torture on May, 16, Dr. Narendra Prasad is quoted to have said "It is a serious matter. We have to decide in principle whether we can give our patients the minimum degree of care and comfort I have expressed my serious concern in such matters several times". Dr. Prasad further stated that "if the patient has to be guarded, it was the duty of the police and the hospital administration to do so. It would be too much to expect from me to treat him with fetters on. I refuse to treat him in this condition". A letter is said to have been sent to the police station in this matter but the response was that since it was under the directive of the Chapra police that the patient had been fettered, the police here could not do anything. At the moment of writing, the newspaper further says, the matter was referred to the Senior Superintendent of Police, Patna. The patient under coma is quite old and not in a position to either run away or get treatment elsewhere.

(3.) In this state of affairs it is our firm conviction that in a social welfare State there is no room for any barbaric strength wielding the sceptre of right. Therefore, we are constrained to take notice of it and we sought the assistance of the learned Advocate General to see that the justice is delivered at the spot and we are beholden to Mr. Shyama Prasad Mukherjee who has appeared amicus curiae for this purpose.