SC asks Uttarakhand govt to provide immediate medical treatment to murder convict

The Supreme Court on Monday directed the Uttarakhand government to provide necessary and immediate medical treatment to a murder convict lodged in Haridwar jail.

A two-judge vacation bench of the apex court, headed by Justice Ashok Bhushan and also comprising Justice Surya Kant, directed the Uttarakhand government to provide the necessary medical treatment to convict Sonu alias Manish Kumar in Rishikesh AIIMS (All India Institute of Medical Sciences).

"The application filed by the appellant (Sonu) for grant of bail and court directed the Uttarakhand government to provide him the necessary treatment immediately in Rishikesh AIIMS," the apex court vacation bench said.

Prafulla Kumar Behera, lawyer appearing for the convict, submitted to the Supreme Court on Monday that medical treatment was not provided to Sonu which is a violation of his fundamental right under Article 21 as mandated in Re-Inhuman conditions case.

Citing that in the 1382 prisons case, where the Supreme Court had directed that the state is bound to protect the life and dignity of the prisoners, thereby the convicts should be provided the medical facilities, Behera stated.

He further argued that the appellant is serious, and vomiting blood and thereby the Supreme Court should pass immediate directions for his medical attention, to which the state government conceded that he needs surgery but is opposing his release on bail.

In 2013, the Uttarakhand High Court had upheld the 2008 judgement of Haridwar trial court in which it had convicted the appellant, Sonu.

Both the courts had sentenced Sonu to rigorous life imprisonment, under Section 302 (Murder) of the Indian Penal Code (IPC) for murdering Ram Prakash Tewari in 2004, over some dispute, according to the prosecution.

"Let the state file MRI report as well as other relevant reports of the appellant by the next date," the top court said on Monday and listed the matter for further hearing to March 23.

"We further direct that the Jail Superintendent should ensure that the appellant be given medical treatment at AIIMS, Rishikesh as and when required," the apex court said.