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'It's His Fundamental Right': Rajasthan HC Allows Ashram To Get Treatment At ‘Arogayadham Centre’ In Police Custody
|23 March 2024 9:00 AM GMT
The Rajasthan High Court allowed Asharam to get treatment at Arogayadham Centre in Jodhpur, in police custody.
The Court held thus after Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved University, Jodhpur communicated their inability to treat the applicant.
The bench of Justice Dinesh Mehta and Justice Vineet Kumar Mathur observed, “…having regard to the condition of the present applicant including his age, we feel that right to get appropriate treatment is his fundamental right and same needs to be protected.”
The division bench directed that the applicant should be treated in the facility under police custody and for that purpose, they required the Commissioner of Police or his nominated officer to first visit the Arogayadham Center and assess the situation, particularly about security aspects.
The Court further directed that the Commissioner of Police should permit any expert(s)/doctor(s) from the Madhavbaug Hospital to treat the applicant at Arogayadham Center.
The bench also directed that the Ashram should be kept in the facility for 10 days from the date of admission and should bear the cost of providing security after the cost of deploying security personnel at Arogayadham Center was intimated by the authorities.
The Court further stated that in the unlikely event of law and order situation getting out of control, it would be open for the Commissioner of Police to take the applicant back to the Central Jail, Jodhpur. However, the Commissioner of Police would have to file his affidavit to justify such a decision.
The Court listed the matter for April, as prayed.
Cause Title: Asharam v. The State of Rajasthan
Appearance:
Appellant: Senior Counsel V.R. Bajwa, Adv. Savita Nathawat, Adv. R.S. Saluja, Adv. Lalit Kishor Sen, Adv. Yashpal Singh Rajpurohit
Respondent: AAG Anil Joshi, Adv. Rajat Chhaparwal, Adv. Pallav Sharma, Adv. P.C. Solanki