CWJC No.5506 of 2009 IN THE MATTER OF PETITION FROM Vijay Prasad and three other persons of Central Jail, Bhagalpur. Versus 1. THE STATE OF BIHAR. 2. The Inspector General of Prisons, Govt. of Bihar, Patna. 3. The Jail Superintendent, Central Jail, Bhagalpur. 4. Dr. Ashok Kumar Gautam, Jail Doctor, Central Jail, Bhagalpur. 5. The Secretary, Department of Health, Govt. of Bihar,Patna. ………Respondents. With CWJC No. 7368 of 2009 In the Matter of letter received from the District and Sessions Judge, Bhagalpur forwarded therewith inspection reports of Central Jail, Special Central Jail, District Mahila Jail and Remand Home, Bhagalpur respectively made on 22/3/2009. …………Petitioner. Versus 1. The State of Bihar. 2. The Inspector General (prison), Govt. of Bihar, Patna. 3. The Principal Secretary, socal Welfare Department, Govt. of Bihar, Patna. 4. The Secretary, Department of Health, Govt. of Bihar, Patna. ……….Respondents. For the Respondents : Mr. J.P. Karn, Sr. Adv. AAG-IX. : Mr. Siddhartha Prasad, AC to AAG-IX. - 2 - P R E S E N T HON’BLE THE CHIEF JUSTICE & HON’BLE JUSTICE SMT. ANJANA PRAKASH O R D E R This writ application was initiated on a letter written to Hon’ble the Chief Justice, Patna High Court by some inmates lodged in Bhalgalpur Jail complaining about carelessness of one Dr. Ashok Kumar Gautam on account of which a contempt petitioner, Mahesh Prasad died on 13.02.2009. However, after a proper inquiry this Court was satisfied that the allegations levelled were unfounded and therefore that matter was dropped. But, this Court enlarged the scope of the present writ and required the Health Department and present Department to give this Court the state of health care provided in Jails and the status of the Doctors posted therein and the transfer policy - 3 - in this regard. From the counter-affidavit filed on behalf of IG (Prisons) it appears that there are six Central Jails, thirty two District Jails, one Women District Jail and fifteen Sub-Jails but there are woefully short of Doctors, Dressers and Compounders. To put it directly the present Department concedes that it is conscious that the medical facilities required for Jail inmates are far from ideal. Under the circumstances, we are informed, that the Home Department has taken a policy decision to appoint additional 154 Doctors on contractual basis and the proposal is under process of finalization. So, the Secretary, Home Department, Health Department and Home (Jail Department) are directed to take effective steps in this regard so as to ensure posting of Doctors in each Jail within a period of six months. The IG (Prisons) on affidavit has - 4 - further stated that as per Resolution No. CS3/M3-1016/80-3918 dated 25.10.1980 issued by Department of Cabinet Secretariat and Co-ordination the Jail Doctors are generally posted for a period of three years. This Court directs that this policy be strictly adhered to, to ensure better health conditions in Jail. Interestingly, in the same affidavit it is also stated that the said Dr. Ashok Kumar Gautam is posted in Central Jail, Bhagalpur since 07.12.2004 i.e. almost five years which evidently is against the policy decision mentioned above and therefore immediate steps should be taken for his transfer and posting of his replacement. Similarly with regard to Para Medical Staff it is unfortunate that out of 58 sanctioned posts only nine Compounders are working presently. In 2007 additional 43 posts were sanctioned and notified in 2008 but no - 5 - recommendation was received. However, it appears that in June 2009 some steps i.e Roster clearance for 90 vacant posts was obtained and fresh requisition sent to the Staff Selection Commission so this Court expects that the process be finalized in the next six months. Similarly the affidavit of the prison Department presents a bleak picture with regard to Dressers admitting therein that while the sanctioned strength was fifty only eleven were presently working and unfortunately the appointment rules in their regard is still under the process of approval. Since basic health care is a fundamental right and a prisoner is not denuded of the same just by virtue of being confined in Jail, we direct that the rules and appointment be completed in the next six months. Before parting with this case we also express our anguish at the lack of - 6 - complete data base of Government Doctors which has not only resulted in poor health services in the State, especially for the under-privileged, but has also prolonged trials to indefinite periods since numerous trials do not see its end solely on account of the Doctors not being traced for evidence. Under the circumstances, we direct that a complete data base of Doctors be prepared in the next six months by the Health Department for better management. Patna High Court, Patna Dated the 16 September, 2009. NAFR/ Vikash. (P.K. Misra, CJ.) (Anjana Prakash, J.)