CWP No.11541 of 2008 [1] THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.11541 of 2008 Date of Decision: 29 – 09- 2008 R.K.Syal ....Petitioner v. Chandigarh Administration and others ....Respondents CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.A.K.Jaiswal, Advocate for the petitioner. Mr.Anupam Gupta, Senior Standing Counsel, Chd. Admn. and Mr.Ashish Rawal, Advocate for the respondents. *** KANWALJIT SINGH AHLUWALIA, J. Present petition has been filed by R.K.Syal wherein he has prayed that directions be issued to Chandigarh Administration to shift the petitioner from jail premises to the hospital as necessary medical facilities are lacking in the jail for treatment of the petitioner, as he is ailing and not keeping good health. It has been further stated that in case of any emergency, the petitioner can suffer irreparable damage to his health and it may lead to loss of life. We have perused the averments made in the writ petition, written statement and heard counsel for the parties. CWP No.11541 of 2008 [2] Counsel for the petitioner has vehemently stated that petitioner is confined in large number of cases registered against him and is facing prosecution in criminal cases and in complaint cases under Section 138 of the Negotiable Instruments Act i.e. at Delhi, Gaziabad, Haridwar and Chandigarh and petitioner has to travel each day to attend the cases. Petitioner has also relied upon medical history in the form of Annexures P-1 and P-2 to show that he had collapsed at Delhi and was taken to Saroj Hospital and Heart Institute, Madhuban Chowk, Rohini, New Delhi. In pursuance to the writ petition, a written statement has been filed by Chandigarh Administration. Respondents have placed on record report of the Medical Board, Annexure R-2 which reads as under:- “The medical board constituted by the Medical Superintendent met again on 31.07.08 at 3.30pm in the office of Dr.Atul Sachdev, Chairman. All the members of the board checked the reports of the patient and are of the view that he is suffering from severe chronic obstructive airways disease with cor pulmonale and he has been advised the following treatment:- - To stop smoking - To avoid dusty and smoky environment - MDI Seroflo 250 – 2 Puff BD with spacer - MDI TIOVA – 2 puff OD with spacer - MDI Levolin – 2 puff SOS with spacer - Tab Deriphyline – 450 – 10D at bedtime Strict compliance of the above and regular follow up. He can attend the court but should follow the following necessary instructions: CWP No.11541 of 2008 [3] 1. He should carry metered dose inhalers which he can take with help of spacers. 2. If he has to walk for a long distance, wheel chair assistance should be provided so that he does not get breathless. 3. A para-medic or any trained person should preferably be with him for assisting in inhalation therapy.” It has been further stated in the written statement that there is a Dispensary with a full time doctor and three Pharmacists in the Model Jail, Chandigarh where petitioner is confined. A perusal of report of the Medical Board, Annexure R-2 reveal that petitioner has been permitted to travel to attend court cases. We have perused the report of Medical Board, Annexure R-2. It is apparent that petitioner has been advised to stop smoking and avoid dusty and smoky environment. He has been advised to carry metered dose inhalers and same are to be used with help of spacers. In the written statement it has been further stated that whenever medical health of the petitioner is not fit, a request is being sent to the concerned court where he has to appear. This arrangement has been working smoothly for the last many years. Petitioner is in custody under the orders of the Courts where he is facing trial. In writ jurisdiction, we cannot determine day to day medical aid required by the petitioner. As and when any need arise or apprehension is required to be allayed, petitioner can always approach the trial court for the relief sought in the present writ petition. Suffice it to say, at present no directions are called for in view of the report of Medical Board Annexure R-2. CWP No.11541 of 2008 [4] With aforesaid observations, no interference, at this stage, is called for. Hence, present writ petition is dismissed. ( HEMANT GUPTA ) ( KANWALJIT SINGH AHLUWALIA ) JUDGE JUDGE September 29, 2008. RC