(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) Pursuant to order dated 11th June 2012, Superintendent, Sabarmati Central Jail is present before the Court along with two doctors, namely, (i) Dr.H.C. Patel, and (ii) Dr.Vipul Soneri. In compliance of the above order, the convict is also kept present before the Court. The convict states that he was continuously complaining about his ailment to the Jail doctors, but the Jail doctors, for extraneous reasons, were not referring his case to Civil Hospital. In particular, the convict mentions the names of Dr.S.K. Kotwal and Dr.D.S. Mehta. The convict further states that on 19th April 2012 when he was referred to Civil Hospital he was taken to hospital by 'Japta' people (escort party) after 12.00 noon; consequently, the convict could not get any treatment. The convict further states that there was a seriously ill prisoner, who was required to be taken to hospital on a stretcher, but vehicle by which he was supposed to be taken did not arrive. Therefore, their vehicle was detained and delayed. The 'Japta' party waited for another vehicle to arrive for quite long but that another vehicle did not arrive and therefore, that patient was taken in the vehicle by which other prisoners were to be taken to Civil Hospital. In that process, there was delay and prisoners could reach Civil Hospital only after 12.00 noon. Therefore, the prisoners could not get medical treatment.
What follows is serious. The convict says that on his return he had explained the aforesaid situation to Dr.Kotwal and Dr.Mehta, but they very rudely remarked that, 'the convict goes to Civil Hospital only for the purpose of loitering and not taking treatment'. Not only that they refused to refer the convict's case to Civil Hospital again. The convict further states that though there was a direction from Superintendent, Sabarmati Central Jail to refer the case of the convict to Civil Hospital, his case was not referred to.
2. The matter is serious. Dr.Kotwal is present in the Court along with Dr.Mehta. The Court is not able to restrain itself from putting on record that all arrogance is seen on the face of Dr.Kotwal. He neither tenders any apology nor assures this Court that henceforth no such complaint will be received. Dr.Kotwal states that he is already transferred from Central Jail to Civil Hospital. But that does not absolve him of the irregularities committed by him.
3. Taking into consideration the allegations made by the convict against Dr.Kotwal, it is deemed proper that Legal Aid Committee, High Court of Gujarat be requested to provide legal assistance to the convict. Advocate appointed by the Legal Aid committee should be permitted by Superintendent of Jail to visit the convict, to take necessary instructions in the matter and to prepare and file amendment/ additional application incorporating the allegations made by the convict. Once such application is filed, Dr.Kotwal to file reply to the same. At the request of the learned Additional Public Prosecutor, the matter is adjourned to 22nd June 2012.
It is made clear to the learned APP, who in turn shall convey it to the Superintendent, Sabarmati Central Jail that adjournment of this matter should not be treated as diluting the orders of making requisite medical treatment available to the convict. A copy of this order be made available to the learned APP for its onward communication.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) karim Top