- (1.) HEARD Shri P. C. Srivastava, learned Counsel for the petitioner, Shri S. N. Singh, learned Counsel for opposite party No. 4 and learned Government Advocate
(2.) AFTER partly hearing the case on 11-12-2006, we had directed that the case be put up today, i. e. 12-12- 2006 in order to enable the jailor, district jail Basti to submit an explanation as to how respondent No. 4, Ramvriksh Yadav was transferred to the district hospital as was mentioned the supplementary affidavit filed by the petitioner date 30-11-2006 as we were not satisfied by the counter-affidavit of the jailor Sri Mahabir Pal dated 11-12-2006. Learned Government Advocate has drawn our attention to paragraph 1058 of the Jail Manual, which contains the enabling provisions for transferring a prisoner to hospital from jail. Paragraph 1058 (a) and (b) of the Jail Manual read as follows: "1058. Removal to district hospital for treatment.- (a) on the advice of the Civil Surgeon and after obtaining the sanction of the Inspector General Superintendent may remove to the Local District Hospital and prisoner who is suffering from a disease, which cannot be properly treated in the jail or who should undergo a surgical operation which cannot be properly performed in the jail. If the Civil Surgeon is of opinion that the delay necessary to obtain the sanction of the Inspector General would endanger the prisoner's life the transfer may be made and a report submitted to the Inspector General for formal sanction. (b) Civil Surgeon shall, however, exercise the utmost possible care in recommending prisoners for treatment in outside institutions. Jail hospitals are equipped to meet all ordinary requirements, and it should seldom be necessary to remove prisoners for treatment elsewhere except for surgical operations. " We regret to note that there has been no compliance of the aforesaid provisions and the transfer has been effected by the Superintendent of the District Jail, Basti or the Jailor in patent violation of the aforesaid provisions as no opinion appears to have been obtained from the Inspector General, Prisons nor does the condition of the prisoner appear to be so serious as the medical report given by the jail doctor dated 23-11-2006 merely shows that the prisoner had a high blood pressure of only 146/98. The said report did not mention that this raised blood pressure was dangerous to life or treatment of the same could not be given in the jail hospital and it was necessary to transfer the prisoner to the district hospital.
(3.) IT. is clearly mentioned in paragraph 1058 of the Jail Manual that ordinarily transfers shall not be made from jail to the district hospital unless the condition of the prisoner is very serious or he needs some operation which cannot be done in the jail hospital. It was admitted by the learned Government Advocate that even after effecting the transfer from the jail to the hospital, no communication was sent to the Inspector General. as is required in the case of emergency transfers on the ground of illnesses which could pose a serious risk to life in the jail.;