Allahabad HC Slams UP Govt For Failing To Take Murder Accused To Hospital For Treatment As Police Force Was Busy In Election Duties
Pranav B Prem
The Allahabad High Court has strongly criticized the Uttar Pradesh government for failing to provide timely medical treatment to a murder accused (undertrial prisoner) due to the unavailability of police force, which was engaged in election duties. The Court termed the state’s justification for delaying medical care as "totally unacceptable and uncalled for."
Background of the Case
The case concerns Qayamuddin, an undertrial prisoner facing murder charges under Case Crime No. 105 of 2022. The Additional Sessions Judge, Deoria, had on April 22, 2024, directed the Jail Superintendent, District Jail, Deoria, to ensure that the accused received appropriate medical treatment. However, the Jail Superintendent refused to comply, citing non-availability of police personnel due to the enforcement of the Model Code of Conduct for the Lok Sabha elections. Taking a serious view of this issue while hearing Qayamuddin’s second bail plea in September 2024, Justice Samit Gopal remarked: "The accused is in custody under supervision of the State. The State cannot by any stretch decline providing him adequate medical facility on any ground." The Court directed the District Magistrate and Superintendent of Police, Deoria, to submit personal affidavits explaining why the accused was denied necessary medical arrangements.
State’s Response and Court's Observations
In compliance with the Court’s order, the concerned officials submitted their affidavits stating that the accused had been receiving continuous medical treatment. The affidavits detailed that he was referred to various medical institutions, including the District Hospital, a local medical college, and BRD Medical College, where he underwent surgery on July 9, 2024. However, the Court noted that the affidavits admitted that on three occasions—May 3, May 11, and May 13, 2024—the accused was not produced before doctors due to non-availability of police force assigned to election duties.
Expressing dissatisfaction, the Court observed: "The life of an individual, even though he is in jail, cannot be taken for ransom for any reason. The State is under a bounden duty to protect the life of a citizen. The State should ensure that timely and proper treatment is available to jail prisoners irrespective of any activity within the area or within the State."
Further Directions
The Court took note of concerns regarding the accused’s inability to appear before the trial court due to his hospitalization and sought a fresh report on his current medical condition. It also directed the Superintendent of Police, District Jail, Deoria, to inform whether the accused could appear via video conferencing for court proceedings, provided he consented and if such an arrangement was viable. The Court ordered that a report be submitted within 10 days and listed the matter for further hearing on March 6, 2025. It also directed that the order be communicated to the District Magistrate, the Chief Secretary of Uttar Pradesh, and the Director General of Police for compliance.
Cause Title: Qayamuddin vs. State of U.P
Case No: Criminal Misc. Bail Application No. 28104 of 2024
Bench: Justice Samit Gopal
[Read/Downlad order]
