All prisoners have right to get their medical reports, rules Bombay HC
Free Press Journal / by Narsi Benwal
Sudha Bharadwaj says she got sufficient medical attention and thus doesn’t need bail on health grounds.
The vacation bench of the Bombay High Court led by Justice Shahrukh Kathawalla on Friday held that every prisoner has the right to their own medical records under Article 21 of the Constitution of India. The HC made the observation while disposing of the medical bail application filed by daughter of jailed activist Sudha Bharadwaj, who told the bench that she has received the requisite medical attention and now doesn’t need bail on health grounds.
Disposing of the medical bail application filed by daughter of jailed activist Sudha Bharadwaj
+++ Her daughter Maaysha Singh approached court after three of her co-prisoners tested positive for Covid-19 +++
+++ Adv Yug Chaudhri – This is a petition for medical bail. The petitioner was taken for numerous medical tests after the petition was filed +++
+++ Yug – Prisoners have a right to their medical records under Article 21. Medical records should be provided to them. This will cut down a lot of litigation +++
+++ Yug – He should be allowed to talk to his family members & lawyer after a hospital visit +++
+++ Court Order — Prisoners have a right to their own medical records under Article 21. In view thereof all medical records including tests conducted and medicines prescribed should be given to the prisoner on request +++
+++ Court – Infact we would go a step further and say that this should be done for every prisoner +++
+++ The bench further said that a prisoner should be allowed to make a phone call to an approved family member after a hospital visit +++
+++ Chaudhry said that since Bharadwaj has received the necessary medical attention after they approached the court, he is not pressing for medical bail +++
+++ Petition disposed of with the above observations +++
Sudha Bharadwaj’s 3 Co-Prisoners Tested COVID Positive: Daughter Moves Bombay HC Seeking Release On Medical Grounds
Live Law / by Sharmeen Hakim
It is said that Sudha Bharadwaj is kept in a barrack with 50-60 prisoners, sharing only 3 bathrooms, with no possibility of social distancing and sanitary co-existence.
The Bombay High Court on Thursday sought lawyer-activist Sudha Bharadwaj’s latest medical report from the Maharashtra Government on a plea seeking her interim release on medical bail from Byculla women’s prison.
The petition filed by her daughter Maaysha Singh, invoking Article 226 of the Constitution, states that the sixty-year-old Bharadwaj, who has diabetes and a history of pulmonary tuberculosis, is very unwell.
Bombay High Court calls for medical report of Bhima Koregaon accused Sudha Bharadwaj in plea seeking bail on medical grounds
Bar & Bench / by Neha Joshi
The vacation bench directed the Maharashtra government to produce Bharadwaj’s latest medical report by Monday. Bharadwaj is presently lodged at the Byculla women’s prison.
The Bombay High Court on Thursday directed the Maharashtra government to submit by May 17, the latest medical report of Bhima Koregaon accused, advocate Sudha Bharadwaj in a plea seeking her release from prison on medical grounds (Maaysha Singh v. State of Maharashtra & Anr).
HC asks Maharashtra to submit Bhima Koregaon accused Sudha Bharadwaj’s medical report
The Print / by pti
According to her counsel, Sudha Bharadwaj was kept in a ward of the prison with 50 other women under extremely unsanitary conditions, and with just three toilets for all of them.
The Bombay High Court on Thursday directed the Maharashtra government to produce the latest medical report of lawyer-activist Sudha Bharadwaj, an accused in the Elgar-Parishad Maoists links case, who is is currently lodged at the Byculla women’s prison here.