New Delhi: The Supreme Court on Thursday ordered a thorough medical check-up to be carried out for Gautam Navlakha, accused in the Bhima Koregaon case. The bench of Justices KM Joseph and Hrishikesh Roy, while holding out a plea from the accused seeking transfer to house arrest at his sister's residence for the next hearing, directed the Superintendent of Taloja central prison to take Navlakha to the hospital of his choice.
The hearing was conducted as the petition submitted before the court highlighted that Navlakha had to undergo a three-day fast before colonoscopy.
"We are of the view that, noting that petitioner is undertrial, the right of an undertrial to receive medical attention is a fundamental right. We should pass an order directing the petitioner to be taken immediately for a thorough medical check-up.
Accordingly, there will be directions to the Superintendent of Taloja jail for a check-up at a hospital of the choice of the petitioner so that petitioner is enabled to undergo requisite medical check-up and receive treatment," the bench observed.
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"We direct Sahba Hussain, the partner of the petitioner, and Mridula Kothari, sister, alone will be permitted to interact with the petitioner as per the rules of the hospital," it further said.
Earlier, senior advocate Kapil Sibal, representing Navlakha, highlighted the latter's age and physical ailments, making a case for the shift to house arrest from imprisonment. The bench subsequently sought an answer to this from the Centre's counsel within 45 minutes.
The Solicitor General, in his reply, argued that skin allergies and a need for dental check-ups were not serious enough to shift to house arrest, adding that Navlakha should be admitted to a hospital and not taken to his sister's house.
"Is he a threat under your custody if he goes to his sister's house? Is that your argument? He can be a threat at 70?," questioned Sr Adv Sibal to SG Mehta.
The court, meanwhile, opined that Navlakha should be in hospital as he would be safer there in case of having to fast for three days. Justice KM Joseph also took the opportunity to highlight the condition of undertrials in Indian prisons.
"We have no right to make their life miserable, many undertrials are innocent. They are not animals, even animals we treat with care," the Justice said. The petition will again be heard on October 21.
