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Prayagraj, 16 October (Hindustan Reporter). Allahabad High Court has said that under no circumstances can the state government refuse to provide adequate medical facilities to any detained accused on any basis.
Justice Samit Gopal, while hearing the petition of Deoria resident Kayumuddin, said that it is the responsibility of the state to provide care and medical facilities to any undertrial prisoner during his illness.
The court made this comment when it was told that the jail superintendent had refused to provide medical facilities citing the Model Code of Conduct (MCC) in effect for the Lok Sabha elections 2024. In its order, the Court directed the District Magistrate and Superintendent of Police to personally look into the matter and inform the Court on the next date through their affidavit as to what adequate arrangements will be made for the petitioner.
Both the officers were also directed to explain under what circumstances the petitioner was refused surgery and who was responsible for it? The court said, if surgery was advised then it could not have waited on the wishes of the authorities. On the application made by the jailed petitioner on April 16, 2024, Additional Sessions Judge, Deoria had directed for proper medical treatment. The jail superintendent refused to treat him citing the code of conduct for Lok Sabha elections. However, it was also said that appropriate treatment will be provided after the model code of conduct is removed.