CHENNAI: Holding that an under-trial prisoner was entitled to seek treatment from a medical practitioner and institution of his choice while remaining in custody, the Madras High Court directed prison authorities to shift T Devanathan Yadav, who is in custody in connection with a chit fund fraud case, to a private hospital for treatment.
A vacation bench comprising GR Swaminathan and V Lakshminarayanan observed that an under-trial prisoner has the right to seek treatment from a doctor of his choice and in a hospital where he is comfortable. The court, however, noted that the authority concerned or the court could impose limits on the duration of such treatment.
Devanathan, one of the directors of the Mylapore Hindu Permanent Fund finance company, is among those accused of allegedly defrauding hundreds of investors to the tune of several crores of rupees. He was arrested and has been lodged in prison pending trial.
In his petition, Devanathan stated that he suffers from high blood pressure, neurological disorders, shoulder dislocation, spinal tuberculosis, and a prolapsed spinal disc. He submitted that doctors had advised separate shoulder and spine surgeries followed by physiotherapy, and sought permission to undergo treatment at a private hospital for 12 weeks.
Opposing the plea, advocate R Thirumoorthy, who appeared for the association representing the cheated investors, contended that shifting the petitioner to a private hospital could lead to law-and-order issues if depositors gathered there in large numbers.
Unwilling to buy the line of argument, the court noted that the petitioner was not seeking bail but only permission to undergo treatment at a private hospital. It also observed that the protection guaranteed under Article 21 of the Constitution extended to all persons, including under-trial prisoners.
Clarifying that it was not granting bail, the bench directed prison authorities to shift Devanathan to a hospital within a week. It said he would continue to remain in custody and that the only difference would be that he would stay in a hospital room instead of a prison cell.
The court also ordered that a 24-hour police escort, deployed in three or four shifts, should monitor the petitioner. He will not be allowed to use a mobile phone during the treatment period. However, friends and relatives may visit him without any restriction.