Bombay High Court Urges Urgent Action On Insufficient Police Escorts For Prisoners Needing Medical Attention

The Bombay High Court has flagged the problem of insufficient police escorts to take prisoners to hospitals for urgent medical treatment. The court termed it as a “serious issue” that requires to be handled not only on a “priority basis”, but also on an “emergency basis”.

Court directs state to appoint officers to ensure adequate escort

The court directed the state to appoint officers to ensure that adequate escort is provided to prisoners in all such cases.

“Insufficiency of the number of escorts is causing a lot of problems in the administration of criminal justice and for providing basic medical facilities for the prisoners. This is an extremely serious issue, which the authorities will have to address not only on a priority basis, but on an emergency basis,” a bench of Justices Sarang Kotwal and SG Dige said on February 16.

“It is also necessary that some responsible officer is made accountable and responsible for providing the adequate escorts in all such cases,” the bench said.

Priority to prisoners facing medical emergencies

The officers will have to give priority to prisoners facing medical emergencies who are required to be taken to the hospital immediately, the bench noted.

The issue of insufficient police escort was brought to the notice of the high court during hearing in a bail plea of one Suhas Jagtap, who was arrested in 2008 for allegedly kidnapping a boy. Another accused, Sawant, is still absconding. On January 5, 2018, Jagtap was sentenced to life in prison by the trial court. His appeal is pending before the HC.

Jagtap's case

Jagtap, who is lodged at Yerawada Central Prison in Pune, sought bail pending hearing in appeal citing medical issues. He complained of pain in the mouth, for which he was symptomatically treated at the prison hospital. However, the prison hospital referred him to Sassoon General Hospital for medical tests and biopsy in September 2023.

Despite multiple requisitions, Jagtap was not taken to the hospital for tests due to lack of police escort, due to which his health worsened. His plea said he is suffering from throat pain, reduced mouth opening, and difficulty in swallowing. According to his family members, he may be suffering from cancer, but the medical tests are not being conducted.

The court granted him bail on furnishing a personal bond of Rs20,000 noting that despite spending over seven years in custody, his appeal has not yet been heard.

The court said that Jagtap cannot be granted bail on merit, but can be granted on medical grounds. The court had earlier directed DCP Rohidas Pawar and superintendent of Yerwada Central Prison to address issue of lack of police escort.

Pawar submitted a report outlining the practical difficulties in providing necessary escorts for medical emergencies. The report stated that at least 161 police personnel were required, but only 59 were present for hospital guard duty and providing escort to prisoners on February 13, 2024, when the latest requisition was made. The report said that urgent corrective measures were being undertaken to address the issue.

The court has directed to send the order copy to the home department secretary; IG Prisons; DGP, all police commissioners and superintendents of police in the state; and all the district judges.

Published on: Monday, February 19, 2024, 08:14 PM IST