Bombay High Court disposed of plea seeking medical bail for Sudha Bharadwaj
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Her counsel urged the court docket to permit Ms Bharadwaj to speak to her members of the family and lawyer after a hospital go to.
The Bombay High Court on Friday disposed off the medical plea filed by Sudha Bharadwaj, accused within the Bhima Koregaon caste violence case after her lawyer stated she has obtained medical therapy.
A Division Bench of Justices SJ Kathawalla and SP Tavade was listening to a legal petition filed by Ms. Bharadwaj’s daughter Maaysha Singh seeking interim medical bail for her mom who’s lodged on the Byculla jail, and has a number of co-morbidities and is due to this fact very vulnerable to contracting COVID 19.
Adv Yug Chaudhry representing Ms Singh stated, it is a petition for medical bail and Ms Bharadwaj was taken for quite a few medical checks after the petition was filed.
He stated, nevertheless prisoners have a proper to get their medical information beneath Article 21 (Right to Life) of the Indian Constitution and all prisoners ought to be supplied their medical information. This may also minimize down rather a lot of litigation.
He additionally urged the court docket to permit Ms Bharadwaj to speak to her members of the family and lawyer after a hospital go to.
Additional Solicitor General Anil Singh, showing for National Investigation Agency probing the case stated, “This is for the State to consider because the prison is under the State. But I do not think that lawyers should be allowed, what will lawyers do for treatment? I understand family and doctor.”
The court docket handed an order saying, “In our view prisoners have the right to medical records under Article 21. All medical records, including tests and medicines can be given to the petitioner (Ms Bharadwaj). We go a step further to say this order should apply to all prisoners.”
The court docket recorded, “Prisoner is entitled or allowed to make a phone call with an approved family member after any visit to the hospital by following the hospital protocol. This facility in our view apart from the petition should be made available to other prisoners” and disposed of the petition.
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