HC orders med board formation to check prisoner for ‘terminal illness’

Kolkata: The Calcutta High Court on Tuesday directed the superintendent of Alipore Women’s Correctional Home to shift a prisoner to a teaching hospital in Kolkata where a board is to be constituted for her health examination to determine whether she can be treated as a ‘terminally ill’ person.

The Division Bench of Justice Joymalya Bagchi and Justice Gaurang Kanth gave the directions after a letter was received from the Assistant Legal Aid Defence Counsel, South 24-Parganas at Alipore pertaining to the serious health condition of a convict Shobha Biswas who is presently serving her sentence in Alipore Women’s Correctional Home. It was also stated in the letter that Kaushik Gupta, advocate attached to High Court Legal Services Committee has been instructed to file an appeal on her behalf.

The court observed that the prisoner is serving a 10-year sentence and that the letter appealed if she could be treated as a terminally ill patient. Justice Bagchi said the court will decide if the prisoner falls in the category of ‘terminally ill prisoner’ and asked the counsel to check whether she can file an appeal against the conviction and sentence passed against her. The court directed: “In view of the concern expressed in the letter, we direct the Superintendent, Alipore Women’s Correctional Home to shift the prisoner viz. Shobha Biswas to a teaching hospital in Kolkata. Superintendent of the hospital shall constitute a board who shall examine her and submit a report with regard to her health condition clarifying whether she may be treated as a terminally ill person or not. Report shall be filed on the adjourned day.” “All parties including the Superintendent, Alipore Women’s Correctional Home and the medical institution shall act on the server copy of the order,” court said.

A report by the State Legal Services Authority (SLSA) was earlier submitted at this Bench stating that as of March 8, 2024, out of 30 terminally ill prisoners, 17 were undertrials. The bail applications of four were pending consideration before trial court. The High Court had directed the HC Legal Service Committee to examine these cases and file bail applications before the court. Trial courts were requested to deal with pending bail applications of other terminally ill undertrial prisoners at an early date.