V N GHIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioner who is in judicial custody and against whom many trials are going on in many criminal cases, has sought a writ, order or direction in the nature of mandamus directing the respondents to allow the petitioner to obtain specialist treatment of his various diseases as may be medically advised at the hospital andby the doctors of his choice at his own cost.

(2.) BRIEFLY stated the relevant facts of the case are that the petitioner was arrested in the course of investigation in FIR No. 146/2003 p. S. Vidhyadhar Nagar, Jaipur and has been in custody since 7-6-2003. The allegations against the petitioner relate to the commission of offences under Sections 401, 411, 413, I. P. C. and Section 5/25 (1)and Section 14/25 (2) of the Antiquities and art Treasurers Act. Apart from the aforesaid case, there are many criminal cases pending against the petitioner before various courts in the State of Rajasthan. From time to time the petitioner has been examined by the Jail doctors or the doctors of the SMS hospital and he was found to be suffering from various diseases like inguinal hernia, hiatus hernia, inflammation of gall bladder and enlarged prostrate and dental etc, When the proper treatment was not given, the petitioner filed the writ petition being SBCWP no. 6894/2003 and this Court directed the respondents to take assistance of a specialist from a Government hospital in the department of Gastroentrology or if necessary a team of specialists who can visit the petitioner in jail and assess about his ailment and his health condition with the above directions the writ petition was disposed of on 19-11-2003.

(3.) THEREAFTER the petitioner moved an application on 30-11-2006 before the trial court under Secs. 167 and 309, Cr. P. C. praying therein that the order of the High court may be complied with. The trial Court observed that under the aforesaid provisions of law, it has no power to make available special medical treatment to the under trial prisoners. As regards the non-compliance of the order of the High Court, the trial Court observed that petitioner is free to move an application before High Court.