FPJ Legal: Bombay High Court permits Gadchiroli blast accused to be in hospice for palliative care

FPJ Legal: Bombay High Court permits Gadchiroli blast accused to be in hospice for palliative care

Urvi MahajaniUpdated: Thursday, September 09, 2021, 03:10 PM IST
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Bombay HC | File Photo

Mumbai: In a relief to Maoist leader Nirmala Uppuganti (59), the Bombay High Court has allowed her plea to be transferred to a hospice for palliative care due to her terminal illness.

A division bench of Justices SS Shinde and NJ Jamadar directed the officials to shift Uppuganti from Byculla Women's prison to the Shanti Avedna Sadan hospice in Bandra by September 15.

Uppuganti was arrested in 2019 along with her husband for their alleged involvement in the Gadchiroli Naxal attack of 2019 in which 15 police personnel and one civilian died. According to prosecution, they are allegedly senior members of the banned organisation, Communist Party of India (Maoist).

Uppuganti had approached the HC seeking transfer to hospice stating that she has stage four cancer and was suffering from multiple skeletal metastases and lung metastases. She has also sought that she be allowed to meet her husband who is a co-accused in the case.

Uppuganti has said in her petition that she was diagnosed with breast cancer in 2018. She has claimed that she was illegally detained by the Maharashtra police in June 2019 due to which she was forced to miss her chemotherapy cycle, deteriorating her condition.

Her advocate, Payoshi Roy, had argued Uppuganti was kept in a crowded prison cell where she had to sleep on the floor with no access to basic facilities like toilets, hot water and other medical facilities. Besides, she claimed that the Byculla prison was grossly inadequate and the prison authorities were incapable of caring for her and giving her basic palliative care.

Her petition reads: “Given the petitioner's precarious condition, she requires close monitoring and supervision with adequate personal attention and easy access to critical lifesaving equipment.”

Additional Public Prosecutor Sangeeta Shinde had opposed the petition and argued that Uppuganti was being taken to the Tata Memorial Care Centre thrice a week on alternate days to ensure she gets her treatment as directed by her doctors.

Prosecutor also said she was lodged a cell with two convicts who are taking care of her. Also, she able to move and her treatment will continue at the Tata Hospital, said Shinde.

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