A single bench headed by Justice Nitin Sambre said the contention of the Wadhawans that they need to be immediately released on temporary bail on medical grounds is “not justified”.
It said the denial of medical bail was not in any way a violation of the fundamental right to life of the Wadhawans as they were provided adequate medical treatment as and when required by the jail authorities of the state.
The Wadhawans, who had recently undergone a surgery for pacemaker implantation, had demanded that he be released on bail so that he can be discharged from the city’s civic-run KEM Hospital, where he is currently in judicial custody. are happening, and moved into one. private hospital out on bail
The Wadhawans, in their petition, had said that he was suffering from serious co-morbidities, that his immune system was compromised after recently contracting COVID-19, and that he was a civilian due to heavy rush. were more susceptible to contracting infections and diseases in the hospital. received hospital.
He further added that KEM Hospital does not have ICU facility especially for people suffering from cardiac problems.
However, state counsel Prajakta Shinde objected to the Wadhawan’s bail plea.
She stated that since her arrest, she was provided timely and specialized medical treatment in government and civil hospitals by the state prison authorities from time to time.
Shinde said the KEM hospital authorities themselves had recommended shifting the Wadhawans to another hospital for pacemaker implant surgery as the hospital did not have such a facility. However, now that the surgery was over, the Wadhawans could continue their medical treatment at KEM.
Shinde also submitted documents to show that KEM Hospital was currently undergoing renovation and arrangements were being made to set up a cardiac ICU within a few weeks.
The court took note of the state’s submissions and agreed that the Wadhawans were in fact provided “best possible” medical treatment whenever required by the state’s prison authorities.
The High Court said, “In the background of the above (the treatment being provided by the State authorities), it cannot be inferred that the right of the applicant for proper medical treatment in a super-specialty hospital under Article 21 of the Constitution will be denied. Violation has been committed,” the High Court said. .
“Rather, the various medical treatments which are given to the applicant prove to be life saving at this stage. The claim by the applicant that he needs to be released immediately on temporary bail on medical grounds is not justified. Qualified and dismissed has been done,” it added.
The court, however, gave liberty to the Wadhawans to approach the court in case of any emergency.