Lekha G
The Supreme Court has ruled that an undertrial prisoner’s Right to Life does not diminish when in jail as an accused for an offence.
This ruling was laid down by a Bench of CJI N V Ramana and Justices Surya Kant and A S Bopanna directing the UP Government to shift arrested journalist Siddique Kappan to a government hospital in Delhi.
The UP Government had opposed to move Kappan to any Delhi hospital as all the hospitals were overflowing with Covid patients, which would result in denying facilities to a critical Covid patient.
The ruling is based on X vs Maharashtra case wherein it was said that, “The right to dignity of an accused does not dry out with the judge’s ink, rather, it subsists beyond the prison gates and operates until his last breath”.
Taking note of the grave apprehensions raised by Kerala Union of Working Journalists and Kappan’s wife about the deteriorating health of the accused the Bench remarked, “The most precious fundamental ‘Right to Life’ unconditionally embraces even an undertrial. The consideration made herein is keeping in view the peculiar facts and circumstances of the case. Merely because the other jail inmates are receiving treatment similar to the arrestee need not deter us”.
The Court further said that as soon as Kappan recovers and doctors certify him fit to be discharged, he would be shifted back to Mathura jail.