The Allahabad High Court ruled that the government must provide medical treatment to undertrial prisoners, regardless of any circumstances, including the Model Code of Conduct (MCC).
Justice Samit Gopal, while hearing Deoria resident Qayoomuddin’s petition, emphasized that the state is responsible for the medical care of prisoners. The court learned that the jail superintendent refused treatment citing the MCC for the upcoming Lok Sabha elections. The court directed the District Magistrate and Superintendent of Police to submit affidavits explaining the denial of surgery and the actions taken.
The petitioner’s request for medical treatment had been granted by the Additional Sessions Judge, Deoria, in April 2024. However, the jail superintendent delayed the surgery, saying treatment would begin only after the MCC was lifted. The court stated that necessary medical procedures cannot be delayed at the discretion of officers.
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