1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Writ Petition No.232/2008 (Shivnarayan Bhondaprasad Keskar .vs. The Superintendent, Central Prison, Nagpur and another) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= Shri N.S. Bhat, Advocate for Petitioner. Shri S.S Doifode, APP for Respondents. .......... CORAM : K.J. ROHEE &, B.P.DHARMADHIKARI, JJ. DATED : JULY 23, 2008 1. Heard counsel for the parties. 2. As an undertrial in connection with an offence punishable under section 376 IPC ,the petitioner was admitted in Chandrapur Jail on 17.5.2007. Before he was lodged into jail, on the requisition made by PSO Ballarsha, the Medical Officer, Primary Health Centre, Ballarsha, district Chandrapur examined the petitioner on 17.5.2007 and was found to be physically and mentally fit having no injuries or diseases. On 21.5.2007 the petitioner complained about fever. He was accordingly treated, various tests were undertaken and on 18.12.2007 HIV test of the petitioner in General Hospital, Chandrapur was undertaken. The report dated 22.12.2007 disclosed that the petitioner was HIV 2 positive. The petitioner was convicted for the offence punishable under Section 376 IPC by judgment dated 15.1.2008. 3. By letter dated 7.3.2008 the petitioner made a grievance that he became HIV positive during his stay in the jail and the reason is that the barber in the jail shaves several inmates by the same blade. According to the petitioner he had made complaint in this respect to the Jailor as well as to the Additional Sessions Judge who used to visit the jail. However, no attention was paid to his grievance. Hence he approached the Court. 4. The communication made by the Civil Surgeon, General Hospital, Chandrapur on 11.7.2008 to the Superintendent, District Prison, Chandrapur shows that after the virus of HIV enters the human body, it requires a period between three weeks to six weeks for confirmation of HIV which is known as Window Period. The Civil Surgeon further informed that HIV test is free for all in all the Government Hospitals. 5. In the present case, it is apparent that at the time of admission of the petitioner in jail on 17.5.2007, his HIV test was not undertaken. The report of the counselor Sharda Lokhande shows that the petitioner has history of sexual relations with several females. It is thus obvious that there is every possibility that the petitioner might have been infected with HIV even before his admission to the Central Jail, Chandrapur and the same remained dormant. In view of these circumstances, 3 we feel that the Jail Authorities should explore the possibility as to whether HIV test can be undertaken whenever any undertrial or convict is lodged in jail particularly in connection with sexual offence so as to avoid further allegations that during his stay in the jail he was infected with HIV. 6. The reply affidavit filed on behalf of the respondents shows that instructions have been issued for using fresh blades for shaving and hair-cutting of the prisoners. The concerned authorities are directed to ensure strict observance of these instructions. With this direction, the petition is disposed of. 7. The fees of the Advocate appointed for the petitioner are quantified at Rs.750/-. JUDGE JUDGE halwai