Thread by @barandbench

#BombayHighCourt to hear the plea seeking bail of #ElgarParishadcase accused lawyer-activist Sudha Bharadwaj on medical grounds today.

Hearing before Bench of Justices SJ Kathawalla and SP Tavade.

#bhimakoregaon

Last Thursday, the Court had directed the State to submit the latest medical report by May 17, 2021.

barandbench.com/news/litigatio…

Hearing begins.

Adv Chaudhry states that he has two proposals in order to cut down on the petitions being filed.

#BombayHighCourt #ElgarParishadcase

Chaudhry: 1. Prisoners have a right to their own medical record. Copies of tests and medicines should be given to them. This will cut down petitions.

2. Court may allow one phone call with an approved family member or lawyer after hospital visit. So that they can consult him.

ASG Singh: Ultimately it is for the state to decide. But then I do not think lawyer should be allowed. What will lawyer do for treatment? Family and doctor I understand.

#BombayHighCourt #ElgarParishadcase

ASG Singh: But milords, in this matter may pass directions, but a general order may not be passed. There are PILs dealing with this issues.

#BombayHighCourt #ElgarParishadcase

Court dictates order:

The above petition is filed through daughter seeking reliefs.

#BombayHighCourt #ElgarParishadcase

Order:

This petition has been filed because the petitioner as a prisoner is not given her medical records by prison authorities. And she is not allowed to make a phone call with an approved family member after consultation with a medical officer or visit to the hospital.

Order:
He states that if the said grievance is taken care of court, he is not desirous of pressing reliefs set out herein.

#BombayHighCourt #ElgarParishadcase

order:

IN our view prisoner has right to medical records under Article 21. All medical records, including tests and medicines can be given to the petitioner.

We go a step further to say this order should apply to all prisoners.

#BombayHighCourt #ElgarParishadcase

Order:

Prisoner is entitled or allowed to make a phone call with an approved family member after any visit to the hospital by following the hospital protocol.

#BombayHighCourt #ElgarParishadcase

Order:

This facility in our view apart from the petition should be made available to other prisoners.

#BombayHighCourt #ElgarParishadcase

Order:

Since the petitioner has received medical attention pursuant to filing of the petition, the prayer for medical bail is not prayed for.

Petition is disposed off.

#BombayHighCourt #ElgarParishadcase