LAWS(MPH)-2020-4-1

IMRAN S/O. BHURU KHAN Vs. STATE OF M.P.

Decided On April 13, 2020
Imran S/O. Bhuru Khan Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) The four detenues against whom provisions of National Security Act have been imposed are Salim, Javed, Samir and Imran, all residents of Indore. Out of them, Javed and Salim have been shifted to Jabalpur Central Jail. Similarly, Sameer and Imran both have been sent to Satna Central Jail. Out of these detenus, barring Salim the other three ie., Javed, Sameer and Imran have tested positive for Covid - 19 disease. It has been prayed has that these detenus be shifted to Indore Central Jail because of better medical facilities available at Indore.

(2.) The learned Advocate General has submitted that although adequate treatment facilities are available in the Districts where the detenues have been sent, but he is not averse to the idea of shifting them to one unified centre. He submits that up to date medical facilities have been made available at Indore as well as at Bhopal and the concerned institute at Bhopal is Government Medical College. The Hon'ble Apex Court, in W.P. No.1/2020 order dated 16.3.2020 while deliberating on the medical facilities for COVID-19 prisoners has considered the reply of the State Government of M.P. and has expressed satisfaction regarding the same and has issued further directions.

(3.) Learned Advocate General has submitted that the entire staff which has transported the detenues initially to Jabalpur and Satna and the staff which is going to transport them back to Bhopal or to Indore, in case an order to that effect is made, shall also be tested for infection and shall also be kept under quarantine. Keeping in view the statement made by learned Advocate General and keeping in view the necessity of the situation as three of them have been tested positive and as there are dedicated hospitals at Indore and Bhopal, the State Government is directed to ensure that all four detenues be shifted immediately to Bhopal where there is a dedicated hospital, ie., the Government Medical College Hospital which has been now been designated exclusively to deal with a COVID patients. The same exercise be taken up forthwith. It is needless to mention that they will be transported in safe ambulances by maintaining proper distances between them and the staff accompanying them shall also be kept under quarantine and shall be extended all possible facilities of checkup and other requirements as may be needed from time to time.