Single-judge Justice Prakash D Naik quashed an order passed by a special Central Bureau of Investigation (CBI) court which had ordered the accused to undergo the surgery at the State-run JJ hospital.
“Indeed, a prisoner is entitled to fundamental rights. The right to life and liberty also include his right to health,” the Bench observed.
The judge then took into account the recent report submitted by the Kokilaben hospital, which said that Wadhawan was on antibiotics for his infection.
The further course of referring to ENT surgeon would be subject to court orders and a nasal surgery, if allowed, would require extension of his length of stay in the hospital by two weeks.
“From this report it is apparent that the petitioner is required to undergo surgery and as a matter of fact, he was discharged from Kokilaben and is presently detained at Taloja and the report from JJ also states that he was taken there for further treatment but he isn’t giving his consent for the same,” the judge noted.
Thus, the Court held that in the current situation he can undergo nasal surgery at Kokilaben hospital though he would not be required to be continuously hospitalised there.
“Thus, in the current situation, it can be said that he is not required to be hospitalised continuously at Kokilaben, however, he is required to undergo a nasal surgery. The reports placed on record indicates that he has undergone surgeries and has been hospitalised at Kokilaben from past several months. From the light of these circumstances, he can be permitted to undergo nasal surgery at Kokilaben hospital,” the bench ordered.
Justice Naik asked the authorities to take Wadhawan to Kokilaben hospital for mandatory tests on April 12, on which day, the date for surgery would be fixed.
“His stay (at the hospital) shouldn’t exceed more than two weeks,” the judge clarified.
Source: Barandbench
