Hem Singh @ Hemu v. State Of NCT Of Delhi
$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 752/2016 HEM SINGH @ HEMU ..... Petitioner Through:
Ms. Neha Kapoor, Advocate versus STATE OF NCT OF DELHI ..... Respondent Through:
Mr. Avi Singh, ASC (Criminal) with SI Mahesh Singh, PS- Pandav Nagar
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
O R D E R
% 09.03.2016 CRL.M.A.4226/2016 (Exemption) Exemption granted subject to all just exceptions. The application is disposed of accordingly.
W.P.(CRL) 752/2016 The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking a direction to the Competent Authority to release the petitioner on parole, in order to enable the latter to get his knee operated upon. The petitioner is aggrieved by the order dated 10.02.2016 passed by the Competent Authority whereby his application for grant of parole has been rejected for the reason that the medical facility with regard to the surgery of knee may be provided by the Jail Authorities, as per law. Notice.
Mr. Avi Singh, learned Additional Standing Counsel (Criminal) accepts notice on behalf of the State and submits that the Jail Authorities are obliged to provide medical attention to all convicts, in accordance with law.
Ms. Neha Kapoor, learned counsel appearing on behalf of the petitioner states that she would have no objection if the Jail Authorities were to discharge their duty, as elaborated in the order impugned herein and facilitate a knee surgery upon the petitioner at a Government Hospital, as required. In view of the foregoing, whilst denying the prayer for release on parole, it is considered just, necessary and expedient to direct the Jail Authorities to provide the requisite medical facility with regard to the surgery of knee, to the petitioner, as per law.
With the above directions, the writ petition is disposed of. A copy of this order be sent to the Superintendent, Central Jail, Tihar for necessary compliance and information to the petitioner. SIDDHARTH MRIDUL, J MARCH 09, 2016 dn