Taking a serious view of deteriorating health of Maratha rights activist Manoj Jarange-Patil, the Bombay High Court on Thursday directed the Maharashtra government to get him medically examined and provide necessary medical treatment.
A division bench of Justices Ajey Gadkari and Shyam Chandak asked the civil surgeon, Jalna, to examine Jarange-Patil today and provide necessary medical treatment, in presence of his medical advisor Dr Vinod Chavare.
Court directs medical examination
The court directed his medical examination after the government expressed concern over his deteriorating health. Advocate General Birendra Saraf submitted that his health has been deteriorating and he requires medical assistance. He pointed out that this is the tenth round of the hunger strike.
The court, on Wednesday, had asked Jarange-Patil’s advocate Ramesh Dube-Patil to ask the activist whether he was willing to take medical treatment in view of his deteriorating health. On Thursday, Dube-Patil said that the activist was not willing to undergo medical treatment or get blood tests done.
Court's observations
“What is the difficulty if the medical team examines him and takes blood for examination?” asked Justice Gadkari. “If the State is taking necessary steps in providing medical examinations, tell us you will not create problems. You are a citizen of India and the state is taking care of you. What is the problem?”
When Dube-Patil said that Jarange was unable to communicate on phone calls and he was taking instructions from his well wishers and supporters, Saraf said, “That itself shows that he requires care.”
Saraf submitted that the constitutional court is not denied power and can safeguard the life of a person. But if the right to his life is threatened, then the court can order a medical examination.
The court noted that prima facie it appears that Jarenge-Patil is “not in a position to take his own decision” and his well being is being looked after by his supporters/well wishers.
After going through Jarange-Patil’s photographs, the bench said, “Prima facie it appears that the health condition of the said Respondent (Jarange-Patil) is not stable and requires immediate attention and intervention by an expert medical professional. This is also in harmony with Article 21 of the Constitution of India that the life of the said Respondent should be protected by the State.”
The bench concluded that the order was passed in Jarange-Patil’s interest and expressed that he shall cooperate with the medical team.
