Mumbai: The Bombay High Court recently observed that it is the State’s duty to take care of prisoners, and directed the State government to continue bearing medical costs of a prisoner suffering from multiple sclerosis (MS).
Ajaysingh Dahiya, the prisoner, had initially filed a petition asking to be released on parole due to ill health. Considering his plea, the court had directed the government to submit Dahiya’s medical reports, according to which he had MS.
In a medical report dated November 11, 2017, the State-run JJ Hospital had advised Dahiya to go in for weekly injections to prevent the symptoms from reoccurring.
The hospital had asked the family to bear the cost of the injections, priced at ₹10,000 each, besides other medicines necessary for treatment. According to the petitioner’s counsel Ujwal Agandsurve, the injections can be bought for ₹8,000 after discounts.
A Division Bench comprising Acting Chief Justice V.K. Tahilramani and Justice M.S. Sonak had observed in a previous order that when Dahiya and his relatives are unable to afford the medicines, it is the duty of the state to take care of the prisoner.
Acting in compliance, the State government had paid for the injections and other medicines. The court also noted that the government had ensured that Dahiya was admitted to hospital on March 3 this year, and was later discharged on March 16. It took into account the latest medical reports, which indicated that Dahiya’s condition was stable and that he was being given hospital care when needed at the government’s expense.
As he was getting medical care, Dahiya chose not to press for parole, but the court said, “Needless to say, the State will continue to provide necessary injections and medicines free of cost, and he will be admitted in hospital if found necessary.”