The Bombay High Court on Friday disposed off the medical plea filed by Sudha Bharadwaj, accused in the Bhima Koregaon caste violence case after her lawyer said she has received medical treatment.
A Division Bench of Justices SJ Kathawalla and SP Tavade was hearing a criminal petition filed by Ms. Bharadwaj’s daughter Maaysha Singh seeking interim medical bail for her mother who is lodged at the Byculla jail, and has several co-morbidities and is therefore very susceptible to contracting COVID 19.
Adv Yug Chaudhry representing Ms Singh said, this is a petition for medical bail and Ms Bharadwaj was taken for numerous medical tests after the petition was filed.
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He said, however prisoners have a right to get their medical records under Article 21 (Right to Life) of the Indian Constitution and all prisoners should be provided their medical records. This will also cut down a lot of litigation.
He also urged the court to allow Ms Bharadwaj to talk to her family members and lawyer after a hospital visit.
Additional Solicitor General Anil Singh, appearing for National Investigation Agency probing the case said, “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.”
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The court passed 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 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.