Narayan Sai vs State Of Rajasthan ...
2023 Latest Caselaw 6924 Raj

[2023:RJ-JD:28478]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 159/2021

1. Narayan Sai, Aged About 49 Years, Occupation Socio-

Spiritual Work, Having His Permanent Addrss At Sant Shri Asharamji Bapu Ashram, Motera, Ahmedabad And Presently Lodged In Lajpur Central Prison At Surat.

2. Deepak Yadav, Aged About 30 Years, Occupation Service Having His Permanent Address At 183, Sriram Nagar A, Kalwar Road, Jhotwara, Jaipur- 302 012

----Petitioners Versus

1. State Of Rajasthan, Through Its Chief Secretary

2. Director General Of Prisons, Directorate Of Rajasthan Prisons, Ghat Gate, Agra Road, Jaipur.

3. Commissioner Of Police, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Pradeep Choudhary For Respondent(s) : Mr. Anil Joshi, AAG

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

06/09/2023

The present criminal writ petition has been preferred by the

petitioners with the following prayers:

"a. the action of the respondents, in denying petitioner no.1's father efficacious Ayurvedic medical treatment be declared to be violative of Articles 14 and 21 of the Constitution and;

b. Respondents be directed to allow petitioners to avail of efficacious Ayurvedic medical treatment for petitioner No.1's father and;

c. Respondent no.2 be directed to provide forthwith a duly certified copy of the medical papers of petitioner No.1's

[2023:RJ-JD:28478] (2 of 3) [CRLW-159/2021]

father which have come into existence during the judicial custody of petitioner no.1's father and; d. pending hearing and final disposal of the petition, respondent no.2 be directed to permit such person and also a doctor as nominated by petitioner no.1 to meet his father personally inside the Central Prison, Jodhpur twice in a week and;

e. affidavit and signing of the present petition by petitioner no.1 be dispensed with and f. any other order as this Hon'ble may deem fit to pass in the interest of justice."

Learned counsel for the petitioners submits that though the

petitioners have preferred the present writ petition seeking the

aforesaid relief, but he is pressing the present writ petition to the

extent of the relief under clause (b) that the petitioner no.1's

father may be provided Ayurvedic Medical treatment, in case, any

request is made by him.

Learned AAG while relying upon the letter dated 5.9.2023

sent by the Medical Officer Incharge of Central Jail, Jodhpur

submits that the petitioner no.1's father was earlier treated by

Ayurvedic doctor and presently too, the State is ready and willing

to provide such medical facility to the father of the petitioner no.1,

in case so desired.

In view of the consensus arrived at between learned counsel

for both the parties, the present criminal writ petition is disposed

of with following directions:

(i) In case, whenever the father of the petitioner becomes ill

and desires for his medical check up/treatment by an Ayurvedic

Doctor, the Superintendent, Central Jail, Jodhpur shall consider his

request, if deem it appropriate shall provide him medical facilities

in prison/jail;

(ii) For the purpose aforesaid, the Superintendent, Central Jail,

Jodhpur may request the Vice Chancellor of Dr. Sarvepalli

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Radhakrishnan Rajasthan Ayurved University, Nagaur Road,

Jodhpur for providing necessary facilities regarding effective

treatment of father of the petitioner no.1.

(MADAN GOPAL VYAS),J 158-CPGoyal/-

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